[HI] Can a landlord keep a security deposit beyond 14 days after move-out and charge additional damages afterward?

HI Landlord-Tenant

Barrister

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Haw. Rev. Stat. §521-44(c) states: The security deposit, or the portion of the security deposit remaining after the landlord has claimed and retained amounts authorized under this section, if any, shall be returned to the tenant not later than fourteen days after the termination of the rental agreement. If the landlord does not furnish the tenant with the written notice and other information required by this subsection, within fourteen days after the termination of the rental agreement, the landlord shall not be entitled to retain the security deposit or any part of it, and the landlord shall return the entire amount of the security deposit to the tenant.

If the landlord does not furnish the tenant with the written notice and other information required by this subsection, within fourteen days after the termination of the rental agreement, the landlord shall not be entitled to retain the security deposit or any part of it, and the landlord shall return the entire amount of the security deposit to the tenant.

Haw. Rev. Stat. §521-44(h) In any action in the small claims division of the district court pursuant to subsection (g) where the court determines that:

(1) The landlord wrongfully and wilfully retained a security deposit or part of a security deposit, the court may award the tenant damages in an amount equal to three times the amount of the security deposit, or part thereof, wrongfully and wilfully retained and the cost of suit.
(2) The landlord wrongfully retained a security deposit or part of a security deposit, the court shall award the tenant damages in an amount equal to the amount of the security deposit, or part thereof, wrongfully retained and the cost of suit.

And she could owe you 2X or even 3X the deposit.

So your option here is to sue the landlord in the Local District Court for up to 3x the deposit amount and let the judge determine how much to award you.

Haw. Rev. Stat. §521-44(g) If the landlord and the tenant disagree about the right of the landlord to claim and retain the security deposit or any portion of it, either the landlord or the tenant may commence an action in the small claims division of the district court, as provided in chapter 633 and the rules of court thereunder, to adjudicate the matter.

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I was looking at Hawaii landlord tenant laws about holding back your deposit.

Lexi, Chatbot

I understand that dealing with security deposits can be stressful. Have you already moved out of the rental property, or are you still residing there?

I let my landlord know we were moving out 12/13/2025 and we moved out by 1/31/2025.

Lexi, Chatbot

Have you communicated with your landlord about the deposit, and if so, what was their response?

Yes.

Barrister

Hello and welcome! My name is Barrister and I am a licensed attorney and here to help with your situation. I know your question is important, but there may be a short delay in my responses as I type out an answer or reply as I am typically working with several customers at once online. I have read your post and I am sorry to hear you are having to deal with this situation as I realize it can be frustrating and confusing.

We met her on the 5th of January. She said she was holding our deposit for cleaning and fixing of some damages to the apartment.

Barrister

If you can post your legal question and some of the details about your situation, I should be able to help.

In Hawaii landlord tenant codes it said a landlord can only hold your deposit up to 14 days after you have turned in the keys and have vacated the premises. Is that correct?

Barrister

Correct.

She just sent me a letter today showing that I owe her money. What can I do?

Barrister

She is very wrong... and she owes you your entire deposit back.

Barrister

Haw. Rev. Stat. §521-44(h) In any action in the small claims division of the district court pursuant to subsection (g) where the court determines that:

And she could owe you 2X or even 3X the deposit.

So your option here is to sue the landlord in the Local District Court for up to 3x the deposit amount and let the judge determine how much to award you.

How do I go about filing a claim? Also my landlord is telling me that the 14 days didn’t start on the first, that it started on the 6 when we saw her at the house when I went there to replace a broken window.

Barrister

You go to your local district court, small claims division and file the summons and complaint forms that the clerks give you to start the case. Even if it did start on the 6th, which it doesn't, that deadline would have been the 20th, not the 28th.

Did you have any other questions about this situation I can help with?

No.

Barrister

Glad I could help. It was my pleasure to work with you and help with your question. Have a good evening and be safe! Barrister

Barrister

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