How much a landlord can charge, and which deductions are actually legal
This page covers how much a landlord may charge in Hawaii, and which deductions from a residential deposit are lawful. It assumes the tenancy has ended and the question is what may be withheld.
It does not cover:
One month's rent, plus a separately agreed pet deposit of up to one additional month's rent (service animals exempt) — § 521-44(b).
Caps frequently carry exceptions — smaller landlords, furnished units, or pets are treated differently in most states. Read the provision itself rather than relying on the headline figure.
| Claimed deduction | Permitted in Hawaii |
|---|---|
| Unpaid rent | Permitted, if substantiated |
| Tenant defaults (accidental or intentional damages from failure to comply with § 521-51) | Permitted, if substantiated |
| Cleaning costs | Permitted, if substantiated |
| Pet damage (if a pet deposit was charged) | Permitted, if substantiated |
| Claimed deduction | Permitted in Hawaii |
|---|---|
| Normal wear and tear | Not permitted |
| Any amount without the written retention notice, particulars, and cost evidence within 14 days | Not permitted |
Whether a specific charge is lawful depends on the facts — how old the damage is, whether the lease addressed it, and whether the landlord can document the cost. A charge being in the "permitted" column does not make it automatically collectable.
The landlord may retain only for the purposes in §521-44(a) (unpaid rent, tenant defaults, cleaning, pet damage), and must furnish written notice with particulars, grounds, and written evidence of costs. Failure to do so within 14 days forfeits the right to retain any portion.
In Hawaii the burden sits with the landlord. This matters strategically: if the burden is theirs, your task is to request the documentation rather than to prove the deduction wrong. Haw. Rev. Stat. § 521-44(c) ↗
A landlord who withholds in bad faith may be liable for 3x the portion wrongfully withheld.
Three-tier remedy under §521-44(h): (1) if the landlord WRONGFULLY AND WILFULLY retained a security deposit, the court may award 3x the amount wrongfully and wilfully retained plus cost of suit; (2) if the landlord WRONGFULLY (but not wilfully) retained, the court shall award 1x the amount wrongfully retained plus cost of suit; (3) if the landlord was entitled to retain, the landlord is awarded the disputed amount plus cost of suit.
Haw. Rev. Stat. § 521-44(h) ↗A landlord who wrongfully AND wilfully retains a deposit faces 3x the amount wrongfully retained plus cost of suit — among the strongest deposit penalties in the U.S.
Haw. Rev. Stat. § 521-44(h)(1) ↗Missing the 14-day written-notice-and-evidence requirement means the landlord loses the right to retain ANY portion of the deposit and must return the full amount.
Haw. Rev. Stat. § 521-44(c) ↗““I deducted for damages but didn't send details.””
If you did not furnish written notice with particulars, grounds, and cost evidence within 14 days, you forfeited the right to retain any part of the deposit.
Haw. Rev. Stat. § 521-44(c)
““I'll keep it — sue me if you disagree.””
A wrongful AND wilful retention can subject you to 3x the amount wrongfully retained plus cost of suit. Even a merely wrongful retention costs you the amount retained plus cost of suit.
Haw. Rev. Stat. § 521-44(h)
““The pet deposit was for two months' rent.””
The base deposit is capped at 1 month's rent, and the pet deposit may not exceed 1 additional month. Service animals are exempt from pet deposits.
Haw. Rev. Stat. § 521-44(b)
Some widely circulated summaries of Hawaii deposit law state things the statute does not say. We list the disagreements rather than picking a side silently.
| Source | What it says |
|---|---|
| Some summaries | 3x the full deposit |
| Haw. Rev. Stat. § 521-44(h)(1) | 3x the amount wrongfully and wilfully retained |
What we follow: 3x the amount wrongfully and wilfully retained
The multiplier applies to the amount wrongfully/wilfully retained, not the full deposit, and requires both wrongfulness and wilfulness.
Every figure on this page comes from the official text, not from a summary. The table below lists each provision used and the date it was last checked against the source.
| Statute | Last verified | Source |
|---|---|---|
| Haw. Rev. Stat. § 521-44(c) | 2026-10-15 | official text ↗ |
| Haw. Rev. Stat. § 521-44(h) | 2026-10-15 | official text ↗ |
| Haw. Rev. Stat. § 521-44(h)(1) | 2026-10-15 | official text ↗ |
Primary reference: Haw. Rev. Stat. § 521-44 (Security deposits). Where the official text and a secondary summary disagree, this page follows the official text and says so. Amendments are recorded on the site changelog.
A self-help letter is the right starting point for a single deposit you can document. Get legal help if:
Local legal aid organisations and tenant unions offer free help for qualifying cases. They are independent of this site — we list them because they are the right place to go, not because they link here.
Hawaii Security Deposit Return
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The statute does not permit deductions for: normal wear and tear; any amount without the written retention notice, particulars, and cost evidence within 14 days.
The landlord. The landlord may retain only for the purposes in §521-44(a) (unpaid rent, tenant defaults, cleaning, pet damage), and must furnish written notice with particulars, grounds, and written evidence of costs. Failure to do so within 14 days forfeits the right to retain any portion.
One month's rent, plus a separately agreed pet deposit of up to one additional month's rent (service animals exempt) — § 521-44(b).
No. Normal wear and tear