Hawaii Security Deposit Return Deadline
- Penalty for missing it
- 3x (wrongful AND willful retention (small-claims court may award 3x the wrongfully and willfully retained amount + costs); merely wrongful (not willful) retention = 1x the amount wrongfully retained + costs)
- The law
- Haw. Rev. Stat. §521-44
The rule
Within 14 days after termination of the rental agreement, landlord must give tenant written notice of any deductions/balance (§521-44(c)). If the 14-day notice is missed, landlord may not keep any portion and must return the entire deposit. §521-66 sets the same 14-day rule (postmarked before midnight of day 14, certified mail return-receipt) when tenant terminates early under §§521-62/63/65.
- Deposit capped at 1 month's rent (§521-44(b))
- Missing the 14-day deduction notice = forfeits ALL right to retain; full deposit must be returned (§521-44(c))
- Disputes heard in the small claims division of district court; NO attorneys allowed for either side (§521-44(g)-(h))
- Tenant staying extra days extends the landlord's notice period (case notes)
What happens if your landlord misses the deadline
In Hawaii, a missed deadline seriously weakens your landlord's position. Depending on the circumstances, they may forfeit the right to deduct anything at all, owe you the penalty above, or both. The exact consequence depends on Haw. Rev. Stat. §521-44 and whether they provided the required itemized statement. Don't assume the money is gone — a missed deadline is often the strongest fact pattern for getting it back.
Your next steps in Hawaii
- Confirm the clock ran. Make sure you provided a forwarding address in writing, and that the full deadline has passed.
- Send a demand letter citing Haw. Rev. Stat. §521-44 and the 3x penalty. Most landlords pay at this stage.
- If they ignore it, file in small claims. See our walkthrough for the process.
Hawaii deposit questions
How long does my Hawaii landlord have to return my deposit?
Within 14 days after termination of the rental agreement, landlord must give tenant written notice of any deductions/balance (§521-44(c)). If the 14-day notice is missed, landlord may not keep any portion and must return the entire deposit. §521-66 sets the same 14-day rule (postmarked before midnight of day 14, certified mail return-receipt) when tenant terminates early under §§521-62/63/65.
What if my landlord never sends an itemized list of deductions?
In most states — including Hawaii — failing to provide the required itemized statement within the deadline forfeits the landlord's right to withhold anything. Check Haw. Rev. Stat. §521-44 for the exact rule.
Can I get more than my deposit back in Hawaii?
Hawaii law allows 3x for wrongful AND willful retention (small-claims court may award 3x the wrongfully and willfully retained amount + costs); merely wrongful (not willful) retention = 1x the amount wrongfully retained + costs. See our penalties guide for how judges apply this.
Source: https://capitolwebsite.azurewebsites.net/hrsarchive/hrs2008/Vol12_Ch0501-0588/HRS0521/HRS_0521-0044.htm · Verified 2026-10-09