Hawaii Security Deposit Demand Letter
In Hawaii a landlord must return your deposit, or a written notice of what was withheld, within 14 days after the tenancy ends. A landlord who wrongfully and wilfully keeps it can owe three times the amount plus the cost of suit. Attorney review available.
Introduction
A security deposit demand letter is a written demand a Hawaii tenant sends a former landlord to recover a security deposit that has not been returned, before filing in small claims court. In Hawaii the landlord must return the deposit not later than 14 days after the termination of the rental agreement (HRS Section 521-44(c)). If the landlord keeps any part of it, the landlord must furnish the tenant a written notice of the amounts withheld within that same 14 days, and a landlord who fails to give the required written notice is not entitled to retain the deposit or any part of it. A landlord who wrongfully and wilfully retains a deposit may be ordered to pay the tenant three times the amount wrongfully and wilfully retained, plus the cost of suit (HRS Section 521-44(h)); because that remedy requires willful conduct, it is not automatic. The deposit may not exceed one month's rent, plus a separately agreed pet deposit that is also capped at one month's rent, and no pet deposit may be required for an assistance animal that is a reasonable accommodation for a tenant with a disability (Section 521-44(b)). If the demand is ignored, a Hawaii tenant can sue in the small claims division, which handles money claims up to $5,000, and residential landlord-tenant security-deposit disputes are within that division with no stated dollar cap (HRS Section 633-27). The deadline to sue on a contract is six years (HRS Section 657-1). DocDraft builds your Hawaii security deposit demand letter from your facts, with attorney review available before you send it.
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Key Things to Know
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A security deposit demand letter is a written demand a Hawaii tenant sends a former landlord to recover a deposit withheld past the state deadline, before taking the landlord to the small claims division.
- 2
The landlord must return the deposit not later than 14 days after the termination of the rental agreement (HRS Section 521-44(c)).
- 3
If the landlord keeps any part of the deposit, the landlord must furnish the tenant a written notice of the amounts withheld within that same 14 days, and a landlord who fails to give it is not entitled to retain the deposit or any part of it (HRS Section 521-44(c)).
- 4
A landlord who wrongfully and wilfully retains a deposit may be ordered to pay the tenant three times the amount wrongfully and wilfully retained, plus the cost of suit (HRS Section 521-44(h)); because the remedy requires willful conduct, it is not automatic.
- 5
Under HRS Section 521-44(a) a Hawaii landlord may apply the deposit only to specified purposes, such as remedying the tenant's defaults, including unpaid rent and damage, and cleaning the unit at the end of the tenancy.
- 6
The deposit may not exceed one month's rent, plus a separately agreed pet deposit also capped at one month's rent, and no pet deposit may be required for a disability assistance animal (HRS Section 521-44(b)).
- 7
If the demand is ignored, a Hawaii tenant can sue in the small claims division, which handles money claims up to $5,000, and residential deposit disputes are within that division with no stated dollar cap (HRS Section 633-27); the deadline to sue on a contract is six years (HRS Section 657-1).
Key decisions before you file
Before you file a Security Deposit Demand Letter in Hawaii, a few decisions shape the document: which option to choose and what each one means. The Security Deposit Demand Letter guide walks through them.
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Hawaii Requirements for Security Deposit Demand Letter
14-Day Return and Written Notice
In Hawaii the landlord must return the deposit not later than 14 days after the termination of the rental agreement, and if any part is kept, must furnish a written notice of the amounts withheld within that same 14 days (HRS Section 521-44(c)). Your demand letter should note that this deadline has passed.
No Written Notice Means No Right to Retain
A Hawaii landlord who fails to give the required written notice of amounts withheld within 14 days is not entitled to retain the deposit or any part of it (HRS Section 521-44(c)). A missing or late notice can make the entire withholding improper, which the demand can point out.
Treble Damages for Wrongful and Wilful Retention
A landlord who wrongfully and wilfully retains a deposit may be ordered to pay the tenant three times the amount wrongfully and wilfully retained, plus the cost of suit (HRS Section 521-44(h)). Because the treble remedy requires willful conduct, it is not automatic; an honest dispute may not meet the standard.
Permitted Uses of the Deposit
Under HRS Section 521-44(a) a Hawaii landlord may apply the deposit only to specified purposes, such as remedying the tenant's defaults, including unpaid rent and damage, and cleaning the unit at the end of the tenancy. Amounts taken outside those purposes can be disputed in the demand.
One-Month Deposit Cap and Pet Deposit
A landlord may not require a deposit exceeding one month's rent, plus a separately agreed pet deposit also capped at one month's rent, and no pet deposit may be required for a disability assistance animal (HRS Section 521-44(b)). Amounts held above these limits can be raised in the demand.
Send With Proof of Delivery and a Forwarding Address
Send the demand to the landlord using a trackable method such as certified mail with return receipt, and provide your forwarding address so the landlord can remit payment. Keep a copy of the letter and the delivery record for a later small claims filing.
Small Claims Division and No Deposit-Dispute Cap
The small claims division handles claims for the recovery of money up to $5,000, but residential landlord-tenant security-deposit disputes are within that division with no stated dollar cap (HRS Section 633-27(a)(1), (a)(2)). A deposit claim can be filed there even if the treble amount would exceed the general cap.
Deadline to Sue
The deadline to sue on a contract, obligation, or liability in Hawaii is six years (HRS Section 657-1(1)). Filing promptly after the demand is the practical course, and a tenant should confirm any shorter period that may apply to a claim brought under the deposit statute itself.