Property owners in the state of Hawaii that want to rent their property should be aware of the fact that they can only charge up to one month rent. Additionally, property managers should have a strong understanding of what they can use a security deposit for. To learn more, continue reading below about the legislation regarding security deposits and application fees for rental units in the state of Hawaii.
Is there a limit on how much the property manager/owner can charge for an application fee? If so, what is that amount?
There is no limit to the application fee amount the property managers in the state of Hawaii can charge. any application fee charged is nonrefundable.
What is the security deposit amount the landlord can collect?
As a property owner In the state of Hawaii, you can request a security deposit of up to one month’s rent to protect your property in the event of damages or unpaid rent.
Can the property manager/owner collect a fee for pets?
A pet deposit separate from the apartment security deposit is allowed in the state of Hawaii for up to one month rent. Service pets are an exemption, and disabled persons with service pets do not have to pay an additional security deposit. However, if a service dog causes damages, the resident is still liable for expenses incurred.
How does the security deposit need to be held?
There is no regulation regarding how property owner in the state of Hawaii must hold the security deposit.
Is the property manager/owner required to tell the resident where the deposit is held?
No. Property owners in the state of Hawaii are not required to tell renters where their deposit is held.
Is the property manager/owner required to tell the resident what the interest rate on the account is (if applicable)?
No. Property owners in the state of Hawaii are not required to tell renters what the interest rate on their account is, if applicable.
What can the property manager/owner deduct from the security deposit?
Property owners in Hawaii can use the security deposit to cover unpaid rent, payments owed by the renter for utility services, failure to return any and all keys, cleaning, damage is caused by pets, or damages that exceed normal wear and tear.
How long does the property manager/owner have to return the security deposit after the lease has ended?
According to the legislation in the state of Hawaii, property owners have up to 14 days in order to return The security deposit to the vacating renter.
What penalties does the property manager/owner face if they do not return the security deposit on time?
If a property owner operating in the state of Hawaii does not return the renter the security deposit within the 14 days allotted, the property owner must return the entire security deposit amount to the renter And forfeits the right to deduct damages, unpaid rent, cleaning, and so on.. If the property owner fails to do so, they may be fined up to three times the amount of the security deposit.
What is the process for the property manager/owner to claim the security deposit funds?
Property owners must provide vacating renters with an itemized list of damages and estimates and or invoices for their repair. This information must be provided to the vacating renter within 14 days of leaving the property.
Is the resident allowed to apply their security deposit towards the last month’s rent?
No. According to Hawaii law, renters cannot choose to use the security deposit in place of their last months’ rent, unless the property manager/owner agrees to it in writing.
To summarize, property owners in the state of Hawaii must be aware of the regulations regarding how and when a security deposit must be returned. To avoid incurring additional fines, property owners should keep an itemized list of deductions and provide that information to the render upon vacating the premises period.
Disclaimer & Sources:
Qira aims to keep this information as up-to-date as possible. The content provided here is for informational purposes and should not replace legal counsel. Please refer to the relevant government sources to check for any changes or updates to the law.