| Quick Facts | Answer |
| Maximum / Limit | One Month’s Rent |
| Receipt Requirement | None |
| Inventory Requirement | Yes |
| Interest Requirement | None |
To learn about laws on security deposit returns in Hawaii, click here.
Some cities and counties may have regulations which are more restrictive than those presented here. Always check local laws.
Maximum Security Deposit Allowed in Hawaii
Hawaii law limits the maximum security deposit to one month’s rent.
Can Landlords Charge an Additional Pet Deposit in Hawaii?
In Hawaii, landlords can charge a pet deposit, except for service dogs, therapy animals, and emotional support animals. The additional pet deposit cannot exceed one month’s rent. Thus, if a tenant has a pet, the landlord can collect up to two months’ rent as a deposit.
How Much Rent Can a Landlord Collect Upfront in Hawaii?
Landlords in Hawaii can collect the first month’s rent in advance. In addition to the first month’s rent, landlords can only collect one additional month’s rent as a security deposit, unless the tenant has a pet. Landlords cannot collect any prepaid rent beyond the first month.
Security Deposit Collections in Hawaii
Before any tenant moves in, landlords in Hawaii must provide a detailed record of the inventory and condition of the rental unit and all furnishings and appliances. However, this requirement exists whether or not the landlord collects a security deposit.
Do Landlords Have To Provide a Receipt for the Security Deposit in Hawaii?
Although some states like Washington require a receipt, landlords are not required to provide a receipt for the security deposit in Hawaii.
What Obligations Do Landlords Have To Establish the Condition at Move-in in Hawaii?
Hawaii law requires landlords to provide a detailed record of the inventory and condition of the rental unit and all furnishings and appliances. Copies of the inventory must be signed by the landlord and tenant and each tenant must receive a copy.
Security Deposit Holdings in Hawaii
Hawaii law does not require landlords to hold security deposits separate from other funds. Some other states mandate how and where security deposits are held, but Hawaii does not.
Are Tenants Entitled to Interest on Their Security Deposit in Hawaii?
Hawaii law does not require landlords to provide interest on held security deposits.
How Are Security Deposits Accounted for in Hawaii?
Security deposits are not considered taxable income when they are collected.
What Happens to a Security Deposit When the Property is Sold in Hawaii?
When a property is sold in Hawaii, the seller must transfer the security deposit along with a written accounting to the new owner, who must handle it according to the same rules.
Within 20 days after the original landlord provides a written accounting of the security deposits, their successor must send written notice to each tenant of the amount transferred.
If a new owner fails to provide written notice to each tenant, the law assumes they received one month’s rent as a security deposit for each tenant.
Sources
- 1 Haw. Rev. Stat. § 521-44(b)
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The landlord may require, as a condition of a rental agreement, a security deposit to be paid by or for the tenant for the items in subsection (a) and no others in an amount not in excess of a sum equal to one month’s rent, plus an amount agreed upon by the landlord and tenant to compensate the landlord for any damages caused by any pet animal allowed to reside in the premises pursuant to the rental agreement; provided that the additional security deposit amount for a pet animal under this subsection:
(1) Shall not be required:
(A) From any tenant who does not have a pet animal that resides in the premises; or
(B) For an assistance animal that is a reasonable accommodation for a tenant with a disability pursuant to section 515-3; and
(2) Shall be in an amount not in excess of a sum equal to one month’s rent.
The landlord may not require or receive from or on behalf of a tenant at the beginning of a rental agreement any money other than the money for the first month’s rent and a security deposit as provided in this section. No part of the security deposit shall be construed as payment of the last month’s rent by the tenant, unless mutually agreed upon, in writing, by the landlord and tenant if the tenant gives forty-five days’ notice of vacating the premises; in entering such agreement, the landlord shall not be deemed to have waived the right to pursue legal remedies against the tenant for any damages the tenant causes. Any such security deposit shall be held by the landlord for the tenant and the claim of the tenant to the security deposit shall be prior to the claim of any creditor of the landlord, including a trustee in bankruptcy, even if the security deposits are commingled.
Source Link - 2 Haw. Rev. Stat. § 521-42(a)(6)
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Prior to the initial date of initial occupancy, the landlord shall inventory the premises and make a written record detailing the condition of the premises and any furnishings or appliances provided. Duplicate copies of this inventory shall be signed by the landlord and by the tenant and a copy given to each tenant. In an action arising under this section, the executed copy of the inventory shall be presumed to be correct. If the landlord fails to make such an inventory and written record, the condition of the premises and any furnishings or appliances provided, upon the termination of the tenancy shall be rebuttably presumed to be the same as when the tenant first occupied the premises.
Source Link - 3 Haw. Rev. Stat. § 521-44(f)
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If the landlord who required and received a security deposit transfers the landlord’s interest in the dwelling unit, whether by sale, assignment, death, appointment of a receiver, or otherwise, the landlord’s successor in interest is bound by this section. The original landlord shall provide an accounting of the security deposits received for each dwelling unit to the landlord’s successor at or before the time of the transfer of the landlord’s interest; within twenty days thereafter the landlord’s successor shall give written notice to each tenant of the amount of the security deposit credited to the tenant. In the event the landlord’s successor fails to satisfy the requirements of this subsection, it shall be presumed that the tenant has paid a security deposit equal to no less than one month’s rent at the rate charged when the tenant originally rented the dwelling unit and the landlord’s successor shall be bound by this amount in all further matters relating to the security deposit.
Source Link
