Tenant law in plain language
Hawaii

Security Deposit Not Returned in Hawaii: What Can I Do?

Published by Nazanin · October 3, 2026

This page covers what happens to your security deposit when your rental agreement ends in Hawaii. It explains the 14-day deadline, what your landlord must send you, and what a court can award. The law is in HRS chapter 521.

Need help now? Local Help in Hawaii: legal aid, rent assistance, and who to call
Not legal advice. Each answer below links to where it comes from. Read it before you act.

  1. Your landlord must return your deposit within 14 days after your rental agreement ends. If your landlord keeps part of it for a reason the law allows, the rest must be returned within the same 14 days.

    Hawaii Revised Statutes HRS § 521-44(c)

    ✓ Sources checked October 2, 2026

  2. If your landlord plans to keep part of your deposit, your landlord must tell you in writing. The notice must give the details and the reasons. It must come with written proof of the costs, such as estimates, invoices (bills) or receipts. The notice is not required if you wrongfully quit (left without a legal right) the unit.

    Hawaii Revised Statutes HRS § 521-44(c)

    ✓ Sources checked October 2, 2026

  3. Your landlord must give you the written notice and the details within 14 days after your rental agreement ends. If not, your landlord cannot keep any part of your deposit. Your landlord must return all of it.

    Hawaii Revised Statutes HRS § 521-44(c)

    ✓ Sources checked October 2, 2026

  4. Mailing can show your landlord was on time. The deposit or the written notice must be mailed to the address you gave your landlord. It needs acceptable proof of mailing and a postmark (a mail date stamp) before midnight of day 14 after your rental agreement ends. It is then presumptively proven (accepted as shown, unless shown otherwise) that the landlord did it on time. The same applies if you acknowledged (confirmed) receipt within the 14 days.

    Hawaii Revised Statutes HRS § 521-44(c)

    ✓ Sources checked October 2, 2026

  5. Your landlord may keep part of a deposit for these reasons. First, damage from not following your tenant duties in HRS 521-51 (such as keeping your part of the home clean and safe). Second, unpaid rent. Third, keys you do not return, including parking cards, garage door openers and mail box keys. Fourth, cleaning so the home is as fit as when you moved in. Fifth, damage by a tenant who wrongfully quits (leaves without a legal right). Sixth, damage by a pet the rental agreement allowed. Seventh, unpaid utilities (water, electric, gas) the landlord provided that are not in the rent.

    Hawaii Revised Statutes HRS § 521-44(a) Hawaii Revised Statutes HRS § 521-51(2)

    ✓ Sources checked October 2, 2026

  6. Say you are away for 20 days or more in a row without written notice to your landlord. The law then treats you as having wrongfully quit (left without a legal right) the unit. You are not treated as away without notice during any time your landlord has received rent. Your landlord may then keep your entire deposit.

    Hawaii Revised Statutes HRS § 521-44(d)

    ✓ Sources checked October 2, 2026

  7. Before you first move in, your landlord must write down the condition of the unit. The record must also list any furnishings (such as furniture) or appliances the landlord provides. If your landlord makes no record, the unit is presumed to be in the same condition when you leave as when you moved in. Presumed means assumed true unless your landlord proves it is not.

    Hawaii Revised Statutes HRS § 521-42(a)

    ✓ Sources checked October 2, 2026

  8. Either you or your landlord may start a case in the small claims division of the district court. You may do so if you disagree about whether your landlord can keep the deposit or part of it.

    Hawaii Revised Statutes HRS § 521-44(g)

    ✓ Sources checked October 2, 2026

  9. A court case to recover all or part of a deposit your landlord kept must be started within 1 year. The year counts from when your rental agreement ends.

    Hawaii Revised Statutes HRS § 521-44(c)

    ✓ Sources checked October 2, 2026

  10. Neither you nor your landlord may be represented by an attorney (lawyer) in a small claims deposit case. A lawyer who is a salaried employee of the landlord or the tenant is also barred.

    Hawaii Revised Statutes HRS § 521-44(h)

    ✓ Sources checked October 2, 2026

  11. A court may find your landlord kept your deposit, or part of it, without a legal right. The court must then award you that amount and the cost of suit. You get this money only if you win your case and your landlord pays.

    RenterLaw editorial Hawaii Revised Statutes HRS § 521-44(h)

    ✓ Sources checked October 2, 2026

  12. A court may find your landlord kept your deposit, or part of it, wrongfully and wilfully (without a legal right and on purpose). The court may then award you 3 times that amount and the cost of suit. For example, 3 times $400 is $1,200. You get this money only if you win your case and your landlord pays.

    RenterLaw editorial Hawaii Revised Statutes HRS § 521-44(h)

    ✓ Sources checked October 2, 2026

  13. A court may find your landlord was entitled to keep the deposit or part of it. The court must then award your landlord the amount in dispute and the cost of suit. Weigh this risk before you sue.

    RenterLaw editorial Hawaii Revised Statutes HRS § 521-44(h)

    ✓ Sources checked October 2, 2026

Is something on this page wrong or out of date? Tell us.

All cities for this topic →