Good news if you want to rent in the Aloha State: Hawaii offers some of the strongest legal protections for renters in the US. In most cases, landlords may only charge tenants up to one month’s rent and must return the security deposit within 14 days after your lease ends.

There are some reasons why landlords may withhold some—or all—of your security deposit after you leave, and in certain cases, landlords are entitled to ask for more than one month’s rent upfront.

To help sort through all the ins and outs of security deposits and renters’ rights,

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What is Hawaii law on security deposits?

Hawaii law allows landlords to require security deposits from renters before they move into a property.

The landlord keeps the deposit for the entire course of the rental period and usually returns it within a specified period after the lease ends. In some cases, landlords may not refund part or all of your security deposit to cover damage to the apartment or unpaid rent.

The Hawaiian Office of Consumer Protection has put together a lengthy

handbook

for those who want to read a more detailed synopsis of landlord and tenant regulations in the state.

What is the maximum security deposit a landlord can charge in Hawaii?

Hawaiian law permits a landlord to change up to one month’s rent as a security deposit. The only situation in which the landlord may ask for more than this amount is if the renter has pets.

In this case, the landlord can request a pet deposit totaling any amount they deem reasonable.

Hawaii does not permit landlords to charge a non-refundable fee, so proceed with caution if your landlord claims you won’t get your security deposit back from the get-go.

Given that many rental properties ask for a security deposit before move-in, make sure that you have at least twice your first month’s rent in case you are asked for this deposit.

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

More great news for Hawaiians—landlords are required by the state to return their previous tenants’ security deposits within 14 days of the last date of tenancy.

This is defined as the date the renter has turned in the keys and vacated the property.

Regardless, it is best practice to confirm your last day with the landlord in writing so there is no confusion when the lease ends.

What can a landlord withhold a security deposit for in Hawaii?

Landlords also have certain protections built into the Hawaiian rental code, including circumstances that allow them to withhold money from a security deposit. If you rent in Hawaii, here are the reasons your landlord can retain some, or all, of your deposit:

The renter fails to pay rent

Accidental or intentional damage to the property

Failure to return all keys to the property

Monetary damages for those who quit the rental before the end of the rental agreement

To clean the rental and return it to its original state when the renter moved in

If the landlord withholds any amounts from the security deposits, they must provide a written list of deductions with the proper receipts attached.

Key Takeaway Hawaiian landlords may withhold some or all of your security deposit to pay for damages to the unit or unpaid rent.

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How to get your security deposit back in Hawaii

In most cases, you do not need to do anything to get your security deposit returned to you. Landlords in Hawaii must return your security deposit within 14 days of the date you returned your keys and left the building.

If you do not receive your deposit within this period, the best course of action is to contact your landlord in writing. Remind them of your forwarding address in case there was a simple mix-up.

If your landlord refuses to return your security deposit or does not supply you with the itemized list of damages, you have the right to confront them in small claims court.

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How to save money on car and renters insurance in Hawaii

Now you know what to expect when it comes to security deposits and rent, but have you considered that you might also be required to purchase renters insurance for the duration of your lease?

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FAQs

Can I use my security deposit as the last month’s rent in Hawaii?

No—under Hawaiian law, the security deposit is not a replacement for a tenant’s last month’s rent.

Can a landlord charge for carpet cleaning in Hawaii?

Yes, landlords are able to withhold money from the security deposit to return the apartment back to the original state it was before it was rented out.

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