Getting the Deposit Back
HRS 521-44 — one month's rent at most, back within fourteen days, and up to three times a deposit kept wilfully
A security deposit may not exceed one month's rent, plus, where a pet is allowed, a pet deposit of no more than another month's rent. No pet deposit may be charged for an assistance animal that is a reasonable accommodation for a disability. At the start of a tenancy, the landlord may take nothing but the first month's rent and the deposit.
Who handles this in Hawaii: Legal Aid Society of Hawaii, phone intake and Volunteer Legal Services of Hawaii; and legal aid programs, lawyer referral and the state offices, listed in the Hawaii directory.
- The deposit may cover unpaid rent, damage beyond the tenant's obligations, unreturned keys and openers, cleaning back to the condition at move in, damage from wrongfully quitting, pet damage, and unpaid utilities the landlord provided.
- To keep any of it, the landlord gives written notice of the particulars and grounds, with written evidence of the costs such as estimates, invoices or receipts.
- The deposit, or what remains of it, is returned not later than fourteen days after the rental agreement ends.
- A landlord who does not give that notice within fourteen days may not keep any of it, and returns the whole deposit.
| The small claims court finds | Award |
|---|---|
| The small claims court findsThe landlord kept it wrongfully and wilfully | AwardUp to three times the amount kept, and the cost of suit |
| The small claims court findsThe landlord kept it wrongfully | AwardThe amount kept, and the cost of suit |
| The small claims court findsThe landlord was entitled to it | AwardThe amount in dispute to the landlord, and the cost of suit |
Neither side may be represented by an attorney in that small claims action. A suit over a deposit is brought not later than one year after the rental agreement ends. A tenant absent for twenty days or more without written notice, while rent goes unpaid, is treated as having wrongfully quit, and may lose the whole deposit.
Sources for this section (1)
- HRS 521-44 — Security deposits
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Hawaii attorney.