Hawaii security deposit law

What your landlord is legally required to do after you move out, how long they have, and what it costs them if they get it wrong.

The deadline

Under Haw. Rev. Stat. § 521-44, a landlord in Hawaii must return your security deposit — together with any required written itemization of deductions — within 14 days. Once that window closes without payment or a proper itemization, the landlord is in violation of the statute.

An action to recover must be brought within one year of lease termination.

What it costs your landlord

Under Haw. Rev. Stat. § 521-44, a landlord who wrongfully withholds a deposit in Hawaii may be liable for three times the amount wrongfully retained plus the cost of suit where the retention was willful, or the amount wrongfully retained plus costs otherwise. That exposure is the reason a formal demand letter works: it is usually cheaper for a landlord to pay you than to argue about it.

What your landlord may deduct in Hawaii

A closed list in § 521-44(a): defaults for accidental or intentional damage from failure to comply with § 521-51; unpaid rent; unreturned keys, including key fobs, parking cards, garage door openers and mail box keys; cleaning to place the unit in as fit a condition as when the tenant took possession; damages from wrongfully quitting; pet damage where a pet was allowed by the rental agreement; and utility service the landlord provided but did not include in rent.

Haw. Rev. Stat. § 521-44

A closed list — and nothing else

Hawaii never uses the phrase, and does not need to. § 521-44(b) permits a deposit for the enumerated items “and no others” — so a charge that is not on the list is unauthorized outright, which is a cleaner argument than an exclusion because there is nothing to weigh.

What a compliant itemization has to contain

Written notice of the particulars of and grounds for the retention, within 14 days of termination (§ 521-44(c)).

Time limit to sue: An action to recover a retained deposit must be brought no later than one year after termination of the rental agreement (§ 521-44(c)).

Read it yourself: Haw. Rev. Stat. § 521-44

How to get your deposit back in Hawaii

1. 1. Confirm the deadline has passed. Count from the day you moved out and returned possession. In Hawaii that's 14 days.
2. 2. Put your forwarding address in writing. In several states a landlord has no obligation until they have it, and having sent it protects your claim.
3. 3. Gather your evidence. The lease, proof you paid the deposit, move-in and move-out photos, and any itemization they sent.
4. 4. Send a written demand by certified mail. Cite Haw. Rev. Stat. § 521-44, state the amount owed, and give a deadline to pay. Certified mail creates the delivery record a judge will want to see.
5. 5. File in small claims if they ignore you. You don't need a lawyer. File in the county where the property is located.

Common questions

How long does a landlord have to return a security deposit in Hawaii?

Under Haw. Rev. Stat. § 521-44, a Hawaii landlord has 14 days to return the deposit and provide any required written itemization of deductions.

What is the penalty if my landlord keeps my deposit in Hawaii?

Under Haw. Rev. Stat. § 521-44, a landlord who wrongfully withholds may be liable for three times the amount wrongfully retained plus the cost of suit where the retention was willful, or the amount wrongfully retained plus costs otherwise.

Do I have to sue to get my security deposit back?

Often not. A formal written demand sent by certified mail puts your landlord on notice of the statute, the deadline they missed and the penalty attached to it — and gives you a dated record that they received it. Small claims court is the fallback if they ignore it.