Hawaii has some of the most tenant-friendly security deposit laws in the United States. The maximum deposit is one month's rent, the return deadline is just 14 days, and the landlord must place the deposit in a trust account. Despite these strong protections, violations are common — particularly illegal charges beyond one month's rent and failure to return deposits within the tight 14-day window. Knowing your rights under HRS Chapter 521 can save you hundreds or thousands of dollars.
What is a Security Deposit?
A security deposit in a Hawaii residential lease is a refundable payment — capped at one month's rent — that the landlord holds as security against unpaid rent or property damage beyond normal wear and tear. Hawaii Revised Statutes Chapter 521 (Residential Landlord-Tenant Code) sets strict rules on the amount, handling, and return of security deposits.
Red flags to watch for
HRS § 521-44(b) limits the security deposit to the equivalent of one month's rent. Any amount above this is unlawful.
HRS § 521-44(c) requires the landlord to hold the deposit in a trust account and notify the tenant of the account's location.
HRS § 521-44(c) requires the landlord to return the deposit within 14 days after the tenant vacates and provides a forwarding address. This cannot be extended by the lease.
Hawaii law requires security deposits to be refundable. Separate non-refundable fees may be permissible, but they cannot be labelled as a security deposit.
The landlord must provide a written itemisation of any deductions from the deposit. Failure to do so within 14 days entitles the tenant to the full return.
Your legal rights
Hawaii Revised Statutes Chapter 521 (Residential Landlord-Tenant Code) governs security deposits: § 521-44(b) limits deposits to one month's rent; § 521-44(c) requires the deposit to be held in a trust account and returned within 14 days of the tenant vacating; § 521-44(c) requires an itemised statement of deductions. If the landlord fails to return the deposit within 14 days, the tenant is entitled to the full return of the deposit plus any costs incurred (§ 521-44(d)). Normal wear and tear may not be deducted.
Questions to ask before you sign
- 1Is the deposit exactly one month's rent or less?
- 2Will the deposit be held in a trust account, and where?
- 3Will I receive the deposit back within 14 days of move-out?
- 4Are any fees non-refundable, and are they separate from the security deposit?
- 5Will I receive an itemised statement of any deductions?
- 6Can we do a move-in and move-out inspection together?
Disclaimer: This guide is for educational purposes only and does not constitute legal advice. Contract law varies by jurisdiction and individual circumstances. Always consult a qualified legal professional before making decisions based on this information.