Sources checked:
Quick answer. Hawaii: deposit capped at 1 month of rent; deposit returned within 14 days; 45-day notice to end month-to-month; 10-day notice for unpaid rent; 48-hour entry notice; $5,000 small claims limit. 17 of 23 items are confirmed on official pages; 6 are marked not confirmed, with the page to check.
Key numbers
- Deposit limit
- 1 month's rent
- Deposit back within
- 14 days
- Month-to-month notice (landlord)
- 45 days
- Unpaid rent notice
- 10 days
- Entry notice
- 48 hours
- Small claims limit
- $5,000
Security deposit (5 of 6 confirmed)
Law read: HRS chapter 521 (Residential Landlord-Tenant Code).
Need the other side served? Process serving with an affidavit of service.
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ConfirmedDeposit limit
No more than one month's rent, and key or pet deposits count toward it.
Sources: Hawaii DCCA Office of Consumer Protection: Residential Landlord-Tenant Code; Hawaii DCCA Office of Consumer Protection: Residential Landlord-Tenant Handbook (2024), checked November 2026
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ConfirmedReturn deadline
The balance after deductions is returned no later than 14 days after the rental agreement ends, with written notice of the reasons for keeping any part.
Sources: Hawaii DCCA Office of Consumer Protection: Residential Landlord-Tenant Code; Hawaii DCCA Office of Consumer Protection: Residential Landlord-Tenant Handbook (2024), checked November 2026
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ConfirmedItemized list of deductions
Written notice of the reasons for keeping part or all of the deposit.
Sources: Hawaii DCCA Office of Consumer Protection: Residential Landlord-Tenant Code; Hawaii DCCA Office of Consumer Protection: Residential Landlord-Tenant Handbook (2024), checked November 2026
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ConfirmedInterest on the deposit
The Office of Consumer Protection handbook (2024) says the landlord isn't required by law to pay interest on the deposit.
Sources: Hawaii DCCA Office of Consumer Protection: Residential Landlord-Tenant Code; Hawaii DCCA Office of Consumer Protection: Residential Landlord-Tenant Handbook (2024), checked November 2026
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Not confirmedWhere the deposit is held
Not confirmed — check Hawaii DCCA Office of Consumer Protection: Residential Landlord-Tenant Code. Not stated in the 2024 Office of Consumer Protection handbook. Check HRS 521-44.
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ConfirmedPenalty the law states
Without the notice within 14 days, the landlord must return all of the deposit.
Sources: Hawaii DCCA Office of Consumer Protection: Residential Landlord-Tenant Code; Hawaii DCCA Office of Consumer Protection: Residential Landlord-Tenant Handbook (2024), checked November 2026
More: Security deposit rules by state · Deposit return deadline calculator
Notice periods (6 of 6 confirmed)
What the official text says about each notice. Cities and counties can add their own notice, just-cause or rent rules. Check local rules too.
| Notice | Rule | Source |
|---|---|---|
| Ending month-to-month (landlord) | Written notice at least 45 days in advance; oral notice isn't enough. | Source: Hawaii Office of Consumer Protection: Landlord-Tenant Residential Code, checked November 2026 (HRS chapter 521) |
| Ending month-to-month (tenant) | Written notice at least 28 days in advance. | Source: Hawaii Office of Consumer Protection: Landlord-Tenant Residential Code, checked November 2026 (HRS chapter 521) |
| Rent increase notice | Month-to-month tenancy: written notice 45 consecutive days before the increase takes effect (15 consecutive days for a tenancy shorter than month-to-month). | Source: Hawaii State Legislature: HRS 521-21 (Rent), checked November 2026 (HRS 521-21(d), (e)) |
| Unpaid rent notice | A written 10-calendar-day notice to pay the full amount owed. | Source: Hawaii Office of Consumer Protection: Landlord-Tenant Residential Code, checked November 2026 (HRS chapter 521) |
| Entry notice | Except in an emergency, at least two days' notice before entering, and only at reasonable hours. | Source: Hawaii DCCA Office of Consumer Protection: Residential Landlord-Tenant Handbook (2024), checked November 2026 (HRS 521-53(b)) |
| Late fee limits | A late charge can't exceed 8% of the rent due. | Source: Hawaii State Legislature: HRS 521-21 (Rent), checked November 2026 (HRS 521-21(f)) |
More: Notice periods by state · Notice date calculator
Eviction case, in order (5 of 10 confirmed)
- Notice before filing The written notice comes first; its length is in the notice table above.
Unpaid rent: A written 10-calendar-day notice to pay the full amount owed.
- Filing the case Where the case goes and what it costs to start.
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ConfirmedCourt
A summary possession case in the district court of the circuit where the rental is.
To remove a tenant, the landlord must file a summary possession action in District Court.
Source: Hawaii DCCA Office of Consumer Protection: Residential Landlord-Tenant Code, checked November 2026
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Not confirmedFiling fee
Not confirmed — check Hawaii State Legislature: HRS Chapter 666, Landlord and Tenant (2017 compilation). Not confirmed on an official page we opened.
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- The tenant's answer or appearance
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Not confirmedTime to answer or appear
Not confirmed — check Hawaii State Legislature: HRS Chapter 666, Landlord and Tenant (2017 compilation). Not confirmed on an official page we opened.
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- Hearing or trial
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Not confirmedHearing after filing
Not confirmed — check Hawaii State Legislature: HRS Chapter 666, Landlord and Tenant (2017 compilation). Not confirmed on an official page we opened.
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- Judgment and the writ The order that lets the officer act.
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Not confirmedJudgment to writ
Not confirmed — check Hawaii State Legislature: HRS Chapter 666, Landlord and Tenant (2017 compilation). Not confirmed on an official page we opened.
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- Lockout Carried out by an officer, not by either side.
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Not confirmedWrit to lockout
Not confirmed — check Hawaii State Legislature: HRS Chapter 666, Landlord and Tenant (2017 compilation). Not confirmed on an official page we opened.
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ConfirmedWho carries out the lockout
The writ goes to a sheriff, deputy sheriff, police officer or an independent civil process server on the state list.
sheriff, deputy sheriff, police officer, or independent civil process server
Source: Hawaii State Legislature: HRS Chapter 666, Landlord and Tenant (2017 compilation), checked November 2026
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- Along the way Paying to stop the case, counsel and diversion programs.
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ConfirmedPaying to stop the case
In a nonpayment case the writ is stayed if, before it issues, the tenant pays the rent due with 8% interest plus the costs of the case and the landlord's expenses, including a reasonable attorney fee.
before the writ is actually issued, pays the rent due and interest thereon at the rate of eight per cent a year
Source: Hawaii State Legislature: HRS Chapter 666, Landlord and Tenant (2017 compilation), checked November 2026
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ConfirmedRight to counsel (statewide)
No statewide right to counsel for tenants in eviction cases (as of November 2026, per the National Coalition for a Civil Right to Counsel): its tracker of enacted laws lists no statewide law here.
An eviction right to counsel is created by an enacted law that, at a minimum:
Source: National Coalition for a Civil Right to Counsel (secondary source): National Coalition for a Civil Right to Counsel: Enacted Eviction Right to Counsel and Eviction Defense Programs (last modified November 2026), checked November 2026
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ConfirmedDiversion or mediation (statewide)
A mediation step before filing: if mediation is scheduled during the 10-day nonpayment notice, the landlord generally waits 20 calendar days before filing.
If mediation is scheduled within that 10-day period, the landlord generally must wait until 20 calendar days
Source: Hawaii DCCA Office of Consumer Protection: Residential Landlord-Tenant Code, checked November 2026
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The chapter text read is the 2017 compilation on the Legislature's site; check the current HRS 666 for later changes.
More: Eviction process timeline by state · Eviction timeline estimator
Deposit disputes: small claims
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ConfirmedSmall claims limit (for a deposit dispute)
$5,000: the most a small claims case can ask for.
Up to $5,000, not counting interest and costs. Also residential security deposit disputes, return of leased or rented personal property worth $5,000 or less, and removal of shopping carts. Counterclaims up to $40,000.
Filing fee to start a case: $35.
Source: Hawaii State Judiciary: Small Claims, checked November 2026
More: Hawaii small claims court
Still to confirm
- Where the deposit is held: check Hawaii DCCA Office of Consumer Protection: Residential Landlord-Tenant Code
- Filing fee: check Hawaii State Legislature: HRS Chapter 666, Landlord and Tenant (2017 compilation)
- Time to answer or appear: check Hawaii State Legislature: HRS Chapter 666, Landlord and Tenant (2017 compilation)
- Hearing after filing: check Hawaii State Legislature: HRS Chapter 666, Landlord and Tenant (2017 compilation)
- Judgment to writ: check Hawaii State Legislature: HRS Chapter 666, Landlord and Tenant (2017 compilation)
- Writ to lockout: check Hawaii State Legislature: HRS Chapter 666, Landlord and Tenant (2017 compilation)
General information, not legal advice. We are not lawyers, and MCC Solutions is not a law firm. The same rules apply whichever side of the lease you are on; this page describes them and doesn't take a side. Rules change, cities and counties can add their own, a lease can add terms, and the official source has the final word.
Common questions
How much can a security deposit be in Hawaii?
No more than one month's rent, and key or pet deposits count toward it.
How long does a Hawaii landlord have to return a deposit?
The balance after deductions is returned no later than 14 days after the rental agreement ends, with written notice of the reasons for keeping any part. What goes with it: Written notice of the reasons for keeping part or all of the deposit.
How much notice ends a month-to-month tenancy in Hawaii?
From the landlord: Written notice at least 45 days in advance; oral notice isn't enough. From the tenant: Written notice at least 28 days in advance.
What notice comes before an unpaid-rent case in Hawaii?
A written 10-calendar-day notice to pay the full amount owed.
How much notice before a landlord enters a rental in Hawaii?
Except in an emergency, at least two days' notice before entering, and only at reasonable hours.
Can a Hawaii deposit dispute go to small claims court?
The small claims limit in our data: $5,000: the most a small claims case can ask for. The court's own page explains what kinds of cases it hears.
Related: Landlord rules by state · Kits for landlords