DisputeKit / Hawaii
How long does a Hawaii landlord have to return a security deposit?
14 days. Under Hawaii Revised Statutes § 521-44, a landlord must return the security deposit, or the part not retained, together with written notice of the particulars of and grounds for any amount retained and written evidence of the costs (such as estimates, invoices or receipts) within 14 days. The clock starts when you move out and hand back possession of the unit. If they miss that deadline, they lose the right to keep any part of the deposit. A court may also award damages of up to three times the amount of the deposit wrongfully and wilfully retained, plus the cost of suit.
I moved out of my place in on and my landlord still has my $ deposit.
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Conditions that change the deadline
- The 14 days run from the termination of the rental agreement.
- A refund or notice mailed to an address the tenant supplied, postmarked before midnight of the 14th day, is presumed to be on time.
- If the tenant wrongfully quit the unit (for example, was absent 20 or more days without written notice while rent was unpaid), the landlord does not have to send the notice and may keep the deposit.
What Hawaii law says about deductions and your rights
- Deductions are limited to damage caused by the tenant's failure to meet tenant duties, unpaid rent, unreturned keys and access devices, cleaning to move-in condition, pet damage covered by a pet deposit, and landlord-provided utilities owed under the agreement.
- Deposit disputes must be filed in the small claims division, where neither landlord nor tenant may be represented by an attorney.
- A claim for return of the deposit must be filed within one year after the rental agreement ends.
- If the deposit was wrongfully (but not wilfully) kept, the court awards the amount wrongfully retained plus the cost of suit.
If the deadline has passed
Send a written demand letter. State the dates and amounts, the law and the deadline, and a date by which you expect payment. Keep proof that you sent it.
If they still don't pay, you can file in small claims court. The limit in Hawaii is $5,000 for money claims; residential security deposit disputes are heard in small claims with no dollar limit, and the filing fee is $35 filing fee, plus the cost of serving the other party.
Steps
- Find your move-out date and deposit amount
- Work out when the clock started: The clock starts when you move out and hand back possession of the unit
- Count 14 days from that date to find the deadline
- Send a written demand letter citing the law
- File in small claims court if unpaid
Common questions
When does the clock start in Hawaii?
The clock starts when you move out and hand back possession of the unit.
What if I got part of my deposit back?
You can still ask for the rest. Your claim is the deposit minus what was returned and minus any deductions you agree were allowed.
Can I get more than my deposit back?
Possibly. Hawaii law allows a court to award damages of up to three times the amount of the deposit wrongfully and wilfully retained, plus the cost of suit. A judge decides; it is not guaranteed.
Do I need a lawyer?
Not usually. Small claims court in Hawaii is designed for people without lawyers. For advice about your situation, talk to a licensed attorney.