Hawaii's rule on getting a security deposit back turns on a feature the national template does not capture: The cap is 1 month's rent (plus limited pet-deposit rules). The return deadline is 14 days after termination of the rental agreement, with an itemized list of deductions. Interest: No statewide interest requirement. The controlling authority is Haw. Rev. Stat. § 521-44. Wrongful withholding can support damages of the amount wrongfully withheld plus possible additional liability under the Residential Landlord-Tenant Code.
Key takeaways
- Maximum deposit: 1 month's rent (plus limited pet-deposit rules)
- Return deadline: 14 days after termination of the rental agreement, with an itemized list of deductions
- Interest: No statewide interest requirement.
- Penalties: Wrongful withholding can support damages of the amount wrongfully withheld plus possible additional liability under the Residential Landlord-Tenant Code.
- Primary authority: Haw. Rev. Stat. § 521-44.
Worked example under Hawaii law
The illustration below uses only rules already stated for Hawaii. It is a research hypothetical, not a prediction of what a court will do.
A residential tenant moves out of a Hawaii rental and the landlord has not returned the deposit.
- Check the cap that applied when the deposit was collected: 1 month's rent (plus limited pet-deposit rules).
- Calendar the return deadline: 14 days after termination of the rental agreement, with an itemized list of deductions
- Interest, if any: No statewide interest requirement.
- If the landlord keeps money without the required accounting: Wrongful withholding can support damages of the amount wrongfully withheld plus possible additional liability under the Residential Landlord-Tenant Code.
Hawaii caps most security deposits at one month’s rent under HRS § 521-44 and requires return with an itemization within 14 days. Keep move-in and move-out photos. Small claims in district court is the usual remedy.
Deposit limits in Hawaii
1 month's rent (plus limited pet-deposit rules)
When the deposit must be returned
14 days after termination of the rental agreement, with an itemized list of deductions
Interest and accounting
No statewide interest requirement.
Penalties for wrongful withholding
Wrongful withholding can support damages of the amount wrongfully withheld plus possible additional liability under the Residential Landlord-Tenant Code.
Practical process for tenants and landlords
Hawaii caps most security deposits at one month’s rent under HRS § 521-44 and requires return with an itemization within 14 days. Keep move-in and move-out photos. Small claims in district court is the usual remedy.
Document the unit with dated photos or video at move-in and move-out, keep the lease and any inspection checklist, and send a dated written demand if the deadline passes without a lawful accounting.
Related Hawaii guides
Case law: security deposits in Hawaii
OAHU PLUMBING AND SHEET METAL, LTD., a Hawaii Corporation, Plaintiff-Appellee, v. KONA CONSTRUCTION, INC., a Hawaii
…nvolving disagreement between landlord and tenant about the security deposit in a residential landlord-tenant relationship, licensed practitioners are prohibited to appear on behalf of another person. . . . [Emphasis supplied.] 10 We note that in Knickerbocker Tax Systems, Inc. v. Texaco, Inc., 130 Ga.App. 383, 203 S.E.2d 290 (1973), the court held that language in a statute ne…
Practitioners open OAHU PLUMBING AND SHEET METAL, LTD., a Hawaii Corporation, Plaintiff-Appellee, v. KONA CONSTRUCTION, INC., a Hawaii when Hawaii security deposits turns on the distinction in this sentence: "Emphasis supplied.] 10 We note that in Knickerbocker Tax Systems, Inc. v. Texaco, Inc., 130 Ga.App. 383, 203 S.E." Do not lift it out of the facts the court was deciding.
M. FRANK SHERMAN and MILDRED M. SHERMAN; PAUL S. COLLIER and DEE ANNA L. COLLIER, Plaintiffs-Appellants, v. STEPHEN
…1976, and November 1975, respectively, each posted a $50.00 security deposit with Gordon Crabtree & Associates, Inc., who had earlier purchased the apartment complex from appellees. In February 1976, Crabtree defaulted on the agreement of sale and appellees repossessed the property. Appellees then sought an accounting of the security deposits contained within the trust funds es…
M. FRANK SHERMAN and MILDRED M. SHERMAN; PAUL S. COLLIER and DEE ANNA L. COLLIER, Plaintiffs-Appellants, v. STEPHEN is worth reading on Hawaii security deposits because the court put the point in its own words: "November 1975, respectively, each posted a $50.00 security deposit with Gordon Crabtree & Associates, Inc., who had earlier purchased the apartment complex from appellees. In February 1976, Crabtree defaulted on the agreement of sale and appellees repossessed the property." Use that passage as the starting point, then read the facts that precede it.
LILLIAN MAY CHAMBERS, Petitioner-Appellant, v. JAMES LEAVEY, Judge of the District Court of the First Circuit, and
…itioner as tenant and Respondent as landlord in regard to a security deposit in the amount of $325.00 held by Respondent Sarish. 3. Petitioner Chambers brought a Small Claims Court Action seeking the return of her security deposit. 4. Petitioner Chambers’ claim was decided and denied by Respondent Judge James Leavey, a judge of the District Court of the First Circuit, on Decemb…
LILLIAN MAY CHAMBERS, Petitioner-Appellant, v. JAMES LEAVEY, Judge of the District Court of the First Circuit, and is worth reading on Hawaii security deposits because the court put the point in its own words: "Respondent as landlord in regard to a security deposit in the amount of $325.00 held by Respondent Sarish. 3. Petitioner Chambers brought a Small Claims Court Action seeking the return of her security deposit. 4." Use that passage as the starting point, then read the facts that precede it.
CHARLENE KAIAMA and JOHN JARNESKY, Plaintiffs-Appellants, v. MAMERTO and SEBASTIANA AGUILAR, Defendants-Appellees
…h violation of HRS § 521-63(c),” as well as the return of a security deposit and damages for the infliction of emotional distress. When the case was tried before the circuit court, it concluded there “was a valid and binding rental agreement,” the “removal or exclusion of the ... tenants from the dwelling unit overnight was without a court order,” 2 the “removal or exclusion wa…
On security deposits, CHARLENE KAIAMA and JOHN JARNESKY, Plaintiffs-Appellants, v. MAMERTO and SEBASTIANA AGUILAR, Defendants-Appellees speaks to the Hawaii dispute in this passage: "HRS § 521-63(c),” as well as the return of a security deposit and damages for the infliction of emotional distress. When the case was tried before the circuit court, it concluded there “was a valid and binding rental agreement,” the “removal or exclusion of the ..." The surrounding opinion shows how the court applied that language to the record.
Ernest C. Gonsalves, as Trustee for the Creditors and Stockholders of Oahu Home Dealers and Movers, Ltd., a
…t of this cause” by defendants: *548 1. Delinquent rent and security deposit installment, January 1956........................ $ 500.00 2. Delinquent rent and security deposit installment, February 1956.......................... 500.00 3. Free rent furnished to undertenant by defendants, March 1956, because plaintiff retained $170 last month rent deposit of undertenant.........…
Ernest C. Gonsalves, as Trustee for the Creditors and Stockholders of Oahu Home Dealers and Movers, Ltd., a is worth reading on Hawaii security deposits because the court put the point in its own words: "Delinquent rent and security deposit installment, January 1956........................ $ 500.00 2. Delinquent rent and security deposit installment, February 1956.......................... 500.00 3." Use that passage as the starting point, then read the facts that precede it.
KNG CORPORATION, Plaintiff-Appellee v. Carol KIM and Polo Trading, Inc., Defendants-Appellants
…he property), $21,000 to purchase the two existing carts, a security deposit of $20,833.20, and the initial month’s rent of $18,229. A dispute arose as to the location of six of the carts and Defendant claims she was never given occupancy of the property. B. On February 12, 2002, Plaintiff filed a complaint requesting $44,270.45 in unpaid rent and general excise taxes, a judgme…
Practitioners open KNG CORPORATION, Plaintiff-Appellee v. Carol KIM and Polo Trading, Inc., Defendants-Appellants when Hawaii security deposits turns on the distinction in this sentence: "A dispute arose as to the location of six of the carts and Defendant claims she was never given occupancy of the property. B. On February 12, 2002, Plaintiff filed a complaint requesting $44,270." Do not lift it out of the facts the court was deciding.
In the Matter of the TAX APPEAL OF SUBWAY REAL ESTATE CORP., Taxpayer-Appellee/Cross-Appellant v. DIRECTOR OF
…vance rental payment, monthly rental payment, utility fees, security deposit payments, common area charges, maintenance fees, insurance fees, liens, taxes, and rental escalations, and imposing these responsibilities on the franchisee; (2) absolving Taxpayer from performing all obligations under the lease agreement including obtaining fire and liability insurance, indemnifying t…
In the Matter of the TAX APPEAL OF SUBWAY REAL ESTATE CORP., Taxpayer-Appellee/Cross-Appellant v. DIRECTOR OF is worth reading on Hawaii security deposits because the court put the point in its own words: "vance rental payment, monthly rental payment, utility fees, security deposit payments, common area charges, maintenance fees, insurance fees, liens, taxes, and rental escalations, and imposing these responsibilities on the franchisee; (2) absolving Taxpayer from performing all ob" Use that passage as the starting point, then read the facts that precede it.
MARCO KONA WAREHOUSE, a Hawaii Limited Partnership, Plaintiff-Appellant, v. SHARMILO, INC., a Hawaii Corporation
…1.200.00 Rental agent commission 461.31 Late fees (750.00) Security deposit $3,476.98 Total damages 2 This $13.926.15 actual damage Figure includes the $772.67 net lost rent for warehouse bays 2, 4 and 6 which was included in the $3,476.98 judgment.
On security deposits, MARCO KONA WAREHOUSE, a Hawaii Limited Partnership, Plaintiff-Appellant, v. SHARMILO, INC., a Hawaii Corporation speaks to the Hawaii dispute in this passage: "Rental agent commission 461.31 Late fees (750.00) Security deposit $3,476.98 Total damages 2 This $13.926.15 actual damage Figure includes the $772.67 net lost rent for warehouse bays 2, 4 and 6 which was included in the $3,476.98 judgment." The surrounding opinion shows how the court applied that language to the record.
Frequently asked questions
How much can a landlord charge for a security deposit in Hawaii?
1 month's rent (plus limited pet-deposit rules)
How long does a landlord have to return my deposit?
14 days after termination of the rental agreement, with an itemized list of deductions
What if my landlord keeps the deposit without an itemized list?
Wrongful withholding can support damages of the amount wrongfully withheld plus possible additional liability under the Residential Landlord-Tenant Code.
This guide covers Hawaii residential security-deposit law as of 2026. Commercial leases and local ordinances can differ — verify the statute that applies to your unit.