Hawaii Security Deposit: Your Deadline and Next Step
In Hawaii, the landlord must return the deposit within 14 calendar days. The clock starts after your lease ends; the landlord must return the deposit or send an itemized list (Haw. Rev. Stat. § 521-44). Most states allow 30 days; Hawaii is shorter.
Last checked 2026-07-14
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Details of the return rules
| When it applies | Deadline | Starts from |
|---|---|---|
| Deposit return | 14 days | after the termination of the rental agreement |
Hawaii return rule: 14 calendar days. Check the dates you entered above.
Key facts
| Deadline | 14 calendar days |
|---|---|
| Deadline trigger | after the termination of the rental agreement |
| Penalty formula | failure to furnish required written notice/itemization within 14 days: landlord forfeits right to retain any part of deposit and must return entire deposit; if court finds wrongful and wilful retention, damages may equal three times the amount wrongfully and wilfully retained plus costs; if wrongful (not wilful), damages equal the amount wrongfully retained plus costs |
| Bad faith required | No |
| Itemization required | Yes |
| Interest on deposit | No |
| Maximum deposit | Not more than one month's rent, plus an optional additional pet security deposit not exceeding one month's rent (not for assistance animals). At the beginning of the rental agreement landlord may receive first month's rent and the security deposit only (no other upfront money). |
| Forwarding address required | No |
| Small claims limit | $5,000 (District Court Small Claims Division general claims; residential security-deposit return claims heard in Small Claims with no statutory monetary cap per HI Judiciary self-help) in District Court (Small Claims Division) |
| Statute citation | Haw. Rev. Stat. § 521-44 |
The landlord says you owe more than the deposit. What now?
Answer the landlord in writing and identify each disputed charge. Choose the "My landlord says I owe more" tab above. Ask for an itemized explanation and keep your response in writing.
A debt collector's notice and a credit report dispute have separate federal rules. Check whether those situations apply to you:
A debt collector's validation notice must state that the debt is assumed valid unless you dispute it within 30 days after receiving the notice. 15 U.S.C. § 1692g(a)(3): unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector
If you dispute the debt in writing within that 30-day period, the collector must stop collecting the disputed part until it mails you verification. 15 U.S.C. § 1692g(b): If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt
If a disputed debt appears on your credit report, you can dispute it with the credit reporting agency, which must reinvestigate free of charge. 15 U.S.C. § 1681i(a)(1)(A): if the completeness or accuracy of any item of information contained in a consumer's file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation
What can a landlord deduct in Hawaii?
Hawaii law names a specific rule for 2 of 6 common charges (cleaning and unpaid rent and fees). For the others, the general wear-and-tear rule applies.
| Charge | Can the landlord deduct it? | Rule | Citation |
|---|---|---|---|
| Cleaning | Yes | The statute expressly authorizes using the deposit to clean the dwelling unit or have it cleaned at termination so as to place the unit in… | Haw. Rev. Stat. § 521-44(a) |
| Carpet replacement | Only if the cited general rule permits the charge | General rule: normal wear and tear cannot be charged | Haw. Rev. Stat. § 521-44 |
| Painting | Only if the cited general rule permits the charge | General rule: normal wear and tear cannot be charged | Haw. Rev. Stat. § 521-44 |
| Nail holes and wall damage | Only if the cited general rule permits the charge | General rule: normal wear and tear cannot be charged | Haw. Rev. Stat. § 521-44 |
| Pet damage | Only if the cited general rule permits the charge | General rule: normal wear and tear cannot be charged | Haw. Rev. Stat. § 521-44 |
| Unpaid rent and fees | Yes | The deposit may remedy tenant defaults for failure to pay rent due, and for failure to return all keys (including fobs, parking cards, garage openers,… | Haw. Rev. Stat. § 521-44(a)(1) |
I never did a move-in inspection. How do I prove the condition?
Collect move-out photos, messages, witnesses, and repair invoices. Put them in date order before responding.
Where do you file if the letter does not work?
Small claims limits in Hawaii depend on the court and the claim: $5,000 (District Court Small Claims Division general claims; residential security-deposit return claims heard in Small Claims with no statutory monetary cap per HI Judiciary self-help only). Residential security deposit return claims have no statutory monetary cap in Small Claims under Hawaii Judiciary guidance. Check the court and fees.
The state record lists a 1-year period to sue. Check when your claim accrued before counting from it.
County small claims courts
| County | Court and city | Limit | Filing fee | E-filing | Court link |
|---|---|---|---|---|---|
| Honolulu County | First Circuit District Court - Small Claims Division, Honolulu | $5,000 (District Court Small Claims Division general claims; residential security-deposit return claims heard in Small Claims with no statutory monetary cap per HI Judiciary self-help only) | County filing fee: $35, per the Hawaii Judiciary small-claims guidance. | Yes | Official court website Court page check not recorded |
| Hawaii County | Third Circuit District Court - Small Claims Division, Hilo | $5,000 (District Court Small Claims Division general claims; residential security-deposit return claims heard in Small Claims with no statutory monetary cap per HI Judiciary self-help only) | Statewide filing fee: $35. | Yes | Official court website Court page check not recorded |
| Maui County | Second Circuit District Court - Small Claims Division, Wailuku | $5,000 (District Court Small Claims Division general claims; residential security-deposit return claims heard in Small Claims with no statutory monetary cap per HI Judiciary self-help only) | Statewide filing fee: $35. | Yes | Official court website Court page check not recorded |
See all 5 county small claims courts and filing fees
What happens if the landlord misses the deadline?
failure to furnish required written notice/itemization within 14 days: landlord forfeits right to retain any part of deposit and must return entire deposit; if court finds wrongful and wilful retention, damages may equal three times the amount wrongfully and wilfully retained plus costs; if wrongful (not wilful), damages equal the amount wrongfully retained plus costs Keep statutory damages separate from the deposit and other actual damages.
Hawaii is one of 36 states where the law sets a multiple of the deposit.
How does Hawaii's deadline compare with other states?
Hawaii's return deadline is 14 days. The middle of the comparable state deadlines is ≈30 days. Use the dates and questions above to see which deadline applies to you.
| State | Return rule |
|---|---|
| Hawaii | 14 days |
| Alaska | 14 days |
| Arizona | 14 days |
| Kansas | 14 days |
| Nebraska | 14 days |
| New York | 14 days |
See all 51 jurisdictions
| State | Return rule |
|---|---|
| Montana | 10 days |
| Alaska | 14 days |
| Arizona | 14 days |
| Hawaii | 14 days |
| Kansas | 14 days |
| Nebraska | 14 days |
| New York | 14 days |
| Vermont | 14 days |
| Florida | 15 days |
| Delaware | 20 days |
| Rhode Island | 20 days |
| California | 21 days |
| Connecticut | 21 days |
| Idaho | 21 days |
| Minnesota | 21 days |
| South Dakota | 21 days |
| Wisconsin | 21 days |
| Colorado | 30 days |
| Georgia | 30 days |
| Iowa | 30 days |
| Louisiana | 30 days |
| Maine | 30 days |
| Massachusetts | 30 days |
| Michigan | 30 days |
| Missouri | 30 days |
| Nevada | 30 days |
| New Hampshire | 30 days |
| New Jersey | 30 days |
| New Mexico | 30 days |
| North Carolina | 30 days |
| North Dakota | 30 days |
| Ohio | 30 days |
| Pennsylvania | 30 days |
| South Carolina | 30 days |
| Texas | 30 days |
| Utah | 30 days |
| Washington | 30 days |
| Wyoming | 30 days |
| Oregon | 31 days |
| District of Columbia | 45 days |
| Illinois | 45 days |
| Indiana | 45 days |
| Maryland | 45 days |
| Mississippi | 45 days |
| Oklahoma | 45 days |
| Virginia | 45 days |
| Alabama | 60 days |
| Arkansas | 60 days |
| West Virginia | 60 days |
| Kentucky | No fixed return deadline |
| Tennessee | No fixed return deadline |
Source: state statute records · checked 2026-07-14 · n=48 fixed rules among 51 jurisdictions · method: first listed return deadline; calendar months plotted as ≈30 days · computed, not measured · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6
FAQ
How do I confirm the Hawaii deadline?
Use the questions above to match your dates to Haw. Rev. Stat. § 521-44, and keep proof of each date.
What is the small claims limit in Hawaii?
See the applicable court limits and jurisdictions in the state court guide. Hawaii court guide
City data on this page currently includes Urban Honolulu, East Honolulu, Pearl City, Hilo, Waipahu, Kailua, Kaneohe, Kahului.
Tenant resources
- Legal Aid Society of Hawaiilegal aid, 808-536-4302
- Hawaii Office of Consumer Protection - Landlord-Tenant Codeag consumer
- Hawaii Judiciary - Small Claims Informationcourt self help
- Hawaii Office of Consumer Protectionag consumer
- Hawaii Landlord-Tenant Information Centerhotline, 808-586-2634
What's next?
What to do if there is no response · How to send your letter · How to write a demand letter
Statute text, sources and changes
Statute says
The security deposit, or the portion of the security deposit remaining after the landlord has claimed and retained amounts authorized under this section, if any, shall be returned to the tenant not later than fourteen days after the termination of the rental agreement. If the landlord does not furnish the tenant with the written notice and other information required by this subsection, within fourteen days after the termination of the rental agreement, the landlord shall not be entitled to retain the security deposit or any part of it, and the landlord shall return the entire amount of the security deposit to the tenant.
What this means
Sources
- https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0521/HRS_0521-0044.htm · accessed 2026-07-14
- https://cca.hawaii.gov/ocp/landlord-tenant-residential-code/ · accessed 2026-07-14
- https://www.courts.state.hi.us/self-help/small_claims_info · accessed 2026-07-14
Changes
- : Record verified against the cited statute.
Verified 2026-07-14 · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6