Hawaii tenant rights

Guides for Hawaii renters

Security deposit in Hawaii

Limit

One month's rent. If you have a pet, the landlord may also ask for a pet deposit of up to one more month's rent (not for an assistance animal). At move-in the landlord may collect only the first month's rent and the deposit.

Deadline to return it

Within 14 days after the rental agreement ends. Mailing to an address you gave the landlord, postmarked by the 14th day, counts. Sue within 1 year after the lease ends.

Itemized list

To keep any part, the landlord must send written notice within 14 days with the details and reasons, plus written evidence of the costs (estimates, invoices or receipts). If the landlord does not, they must return the whole deposit.

What may be deducted

Only: damage you caused beyond normal wear and tear, unpaid rent, unreturned keys, fobs, parking cards and openers, cleaning to return the unit to move-in condition, losses if you wrongfully quit the unit, pet damage, and unpaid landlord-provided utilities owed under the lease. You can use the deposit as last month's rent only if the landlord agrees in writing and you gave 45 days' notice.

Interest

Hawaii law does not require interest.

Separate account

Deposits may be commingled, but your claim to the deposit comes before the landlord's creditors.

Move-in checklist

Before you move in, the landlord must make a written inventory of the unit's condition and furnishings, signed by both of you (§ 521-42(a)). If the landlord does not, the unit is presumed to have been in the same condition at move-out as at move-in unless the landlord proves otherwise (OCP Handbook).

If the landlord keeps it wrongly

If the landlord wrongfully and willfully kept the deposit, the small claims court may award you three times the amount wrongfully kept, plus costs. If wrongfully but not willfully kept, you get the amount wrongfully kept plus costs. Deposit disputes go to small claims court, where there is no dollar limit for deposit cases.

Law

HRS § 521-44

How to get your deposit back

1. Before you move out, clean, take dated photos and video of every room, and return all keys.
2. Give your landlord your new address in writing. In Hawaii: the rule above says where the landlord sends the deposit.
3. Wait for the deadline: Within 14 days after the rental agreement ends.
4. If the money or an itemized list doesn't come, or the deductions are wrong, send a demand letter (below). Keep proof of mailing.
5. If that doesn't work, sue in small claims court. Limit: $5,000, not counting interest and costs; residential security deposit cases have no dollar limit. Small claims court in Hawaii on RobinClaim

Full Hawaii security deposit guide

Repairs in Hawaii

The landlord's duty

The landlord must keep the unit in compliance with health and safety laws, keep it fit and habitable, keep common areas clean and safe, keep landlord-supplied electrical, plumbing, sanitary, heating, ventilating and appliances in good working order, provide trash receptacles, and supply running water and reasonable hot water. HRS § 521-42.

How to ask for repairs

Notify the landlord in writing (keep a copy). Emergency/habitability repairs can be reported orally or in writing; the landlord must start within 3 business days. Other repairs: within 12 business days of written notice.

Repair and deduct

After written notice the landlord must start repairs within 12 business days (3 business days, after oral or written notice, for repairs to electrical, plumbing or other facilities, including major appliances, needed for sanitary and habitable conditions; 7 calendar days after a written notice from the health department or another agency). If the landlord does not, you can have the work done competently and deduct your actual costs, up to $1,000 or one month's rent, whichever is greater, by giving the landlord receipts. List every known problem in your first notice. The total chargeable in any 6-month period may not exceed 3 months' rent. Not allowed for problems you or your guests caused. HRS § 521-64 (amounts raised from $500 by Act 32, SLH 2024, effective November 1, 2024).

Withholding rent

No general rent-withholding right. If a court case over rent is filed, either side may ask the court to order rent paid into the court's rent trust fund (§ 521-78). If a condition deprives you of a substantial part of what you rented, you can end the lease after 1 week's written notice if not fixed (no notice needed if the unit is uninhabitable or an imminent threat) (§ 521-63).

Law

HRS §§ 521-42, 521-63, 521-64, 521-78

Full Hawaii repair rights guide

Landlord entry in Hawaii

At least 2 days' notice, and entry only at reasonable hours, except in an emergency or where notice is impracticable. Otherwise the landlord may enter only with a court order, if you appear to have abandoned the unit, or during an extended absence under § 521-70(b). HRS § 521-53.

Eviction in Hawaii

Notice for unpaid rent

From February 5, 2026: a 10-calendar-day written notice to pay. The notice is sent to a state-funded mediation center too. If you schedule mediation within 10 days, the landlord cannot file until 20 days after you received the notice (pilot program through February 4, 2028; the 10-day notice period stays after that). A posted notice counts as received the day it is posted; a mailed notice, 2 business days after the postmark.

Notice for a lease violation

Written notice giving at least 10 days to fix the problem (HRS §§ 521-69, 521-72, per OCP Handbook).

Ending a month-to-month tenancy

Landlord: at least 45 days' written notice (120 days if the landlord plans demolition, condo conversion or vacation-rental conversion). Tenant: at least 28 days' written notice. Less than month-to-month: 10 days. HRS § 521-71.

Time to respond to an eviction lawsuit

Not stated in the code or handbook reviewed. Go to the court hearing (return date) on the summons; Hawaii courts handle summary possession at a first hearing.

Lockouts and utility shutoffs

If the landlord removes or locks you out overnight without cause or a court order, you can get back in or end the lease and recover two months' rent (or two months' free occupancy) plus costs and attorney fees (§ 521-63(c)). Cutting off water, hot water, electricity, gas or another essential service to force you out is an unfair and deceptive practice, with minimum damages of 3 times the monthly rent or $1,000, whichever is greater (§ 521-74.5).

Court self-help

The court's eviction self-help page

Law

HRS §§ 521-63, 521-68 (as amended by Act 278, SLH 2025), 521-71, 521-74.5

Full Hawaii eviction guide

Small claims court in Hawaii

Deposit disputes usually go to small claims court, where you don't need a lawyer.

Limit: $5,000, not counting interest and costs; residential security deposit cases have no dollar limit.

Where to get free help in Hawaii

• Hawaii Office of Consumer Protection: Residential Landlord-Tenant Center · 808-586-2634
• OCP Residential Landlord-Tenant Handbook (rev. 11/2024)
• Hawaii State Judiciary Self-Help: Landlord-Tenant
• Legal Aid Society of Hawaii
• Mediation Centers of Hawaii (free pre-eviction mediation)

Good to know in Hawaii

• From February 5, 2026 to February 4, 2028, you can request free mediation within 10 days of a nonpayment notice, which delays any eviction filing.
• Hawaii's repair-and-deduct allows up to $1,000 or one month's rent, whichever is greater.
• Deposit disputes must go to small claims court, where lawyers cannot represent either side and there is no dollar cap for deposits.

Free tools for Hawaii renters

Pre-set for Hawaii. Free, no account needed.

Deposit return calculator for Hawaii

Find your state's deadline for returning a security deposit, whether your landlord is late and what you may be owed.

Security deposit demand letter for Hawaii

A short, firm and polite letter asking your landlord to return your deposit by a date. It cites your state's deposit law. Many landlords pay at this step, and the letter is proof that you asked. Fill this in, download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail with a return receipt.

Repair request letter for Hawaii

Ask your landlord in writing to fix the problem by a date. A written, dated request is the first step in almost every state, and it is proof that the landlord knew. Check the problems, add dates, then download the letter as PDF or Word (or copy it). Sign it, keep a copy and photos, and send it in a way you can prove.

Eviction notice timeline for Hawaii

Got a notice from your landlord? Enter the kind of notice and the day you got it to see the dates that follow from your state's rule, what your landlord may not do, and where to get free help fast.

Other states