Hawaii Security Deposit Deductions
In Hawaii, deposit deductions are limited to the uses in the supplied statute. The landlord must give an itemized statement within 14 days. The record does not include a statutory definition of wear and tear. Ordinary wear is not a lawful charge. The table lists each supplied item rule and citation.
Wear and tear in this record
The supplied Hawaii record does not include a statutory definition of wear and tear. Normal wear and tear is the expected aging of a rental from ordinary living, such as faded paint or carpet worn from walking. Damage is harm beyond that ordinary use, such as a large stain, a burn, or a hole. A landlord can usually charge for tenant-caused damage. A landlord cannot charge for ordinary wear.
Item rules
| Item | Allowed | Rule |
|---|---|---|
| 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 as fit a condition as when the tenant entered into possession. (Haw. Rev. Stat. § 521-44(a)) |
| Carpet replacement | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Haw. Rev. Stat. § 521-44). (Haw. Rev. Stat. § 521-44) |
| Painting | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Haw. Rev. Stat. § 521-44). (Haw. Rev. Stat. § 521-44) |
| Nail holes and wall damage | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Haw. Rev. Stat. § 521-44). (Haw. Rev. Stat. § 521-44) |
| Pet damage | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Haw. Rev. Stat. § 521-44). (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, mailbox keys). (Haw. Rev. Stat. § 521-44(a)(1)) |
Itemization duty
| Itemization required | Yes |
|---|---|
| Deadline | 14 days |
| Receipts required | Yes |
| Rule | If the landlord proposes to retain any amount, the landlord shall notify the tenant in writing together with the particulars of and grounds for the retention, including written evidence of the costs of remedying tenant defaults, such as estimates or invoices for material and services or of the costs of cleaning, such as receipts for supplies and equipment or charges for Return of any remaining deposit is due not later than 14 days after termination. Missing the notice forfeits the right to retain any part of the deposit. |
| Citation | Haw. Rev. Stat. § 521-44(c) |
Burden of proof
If the landlord does not furnish the written notice and other information required within 14 days after termination, the landlord shall not be entitled to retain the security deposit or any part of it. Haw. Rev. Stat. § 521-44(c).
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
What this means
Source accessed: .
If it was deducted anyway
Use the Hawaii demand letter page to ask for the itemized statement and the return of any amount that bills ordinary wear. Cite only a rule listed on this page.
Free Hawaii template, built from verified state data
I rented [rental property address] from [lease start date] to [move-out date]. I paid a security deposit of $[amount]. I returned the keys on [date] and gave you my forwarding address in writing on [date]. Under Hawaii law (Haw. Rev. Stat. § 521-44), a landlord must return the deposit or send a written, itemized list of deductions within 14 calendar days after the termination of the rental agreement.
FAQ
What security deposit deductions are allowed in Hawaii?
Only the uses in the supplied Hawaii record. The table on this page lists each item with its rule and citation. A general wear-and-tear row is not an item-specific statute.
Does a Hawaii landlord have to itemize deductions?
Yes. If the landlord proposes to retain any amount, the landlord shall notify the tenant in writing together with the particulars of and grounds for the retention, including written evidence of the costs of remedying tenant defaults, such as estimates or invoices for material and services or of the costs of cleaning, such as receipts for supplies and equipment or charges for Return of any remaining deposit is due not later than 14 days after termination. Missing the notice forfeits the right to retain any part of the deposit.
Who has the burden of proof for a Hawaii deduction?
If the landlord does not furnish the written notice and other information required within 14 days after termination, the landlord shall not be entitled to retain the security deposit or any part of it. Haw. Rev. Stat. § 521-44(c).