Short answer: Your Hawaii landlord's policy doesn't cover your belongings. Under HRS §521-44, as explained in the state DCCA's Landlord-Tenant Handbook, a deposit can't exceed one month's rent. A separate pet deposit of up to one month's rent may be agreed to. Within 14 days after the rental agreement ends, the landlord must return the deposit, or give written notice of the reasons for keeping any of it, with itemized costs and receipts. If they miss the 14 days, the full deposit must be returned.
This guide is general information for Hawaii renters. It isn't legal advice, and local ordinances can add rules. Your lease and policy wording control.
Your landlord's policy covers the building, not your belongings or liability. A renters policy (HO-4) covers personal property, personal liability and loss of use; flood is generally excluded (see FloodSmart). Coverage basics: renters insurance. Roommates: whether renters insurance covers roommates. Liability: how much renters liability coverage you need.
Step 1: Deposit caps
Per the DCCA Landlord-Tenant Handbook (HRS §521-44):
- A deposit can't exceed one month's rent.
- A landlord and tenant may also agree to an additional pet deposit of up to one month's rent. This doesn't apply to an assistance animal that's a reasonable accommodation.
- You can't use the deposit as last month's rent unless the landlord agrees in writing and you give 45 days' notice.
Step 2: The 14-day rule
The landlord must give you written reasons for any retention, with itemized costs and copies of receipts. If repairs aren't done within 14 days, estimates may be used instead. The notice and any remaining balance are due within 14 days after the rental agreement ends; mailing on or before the 14th day counts. If the landlord doesn't meet this deadline, all of the deposit must be returned.
Step 3: Disputes
Deposit disputes go to small claims court, and you must file within one year after the agreement ends. If the landlord wrongfully and willfully retained the deposit, the court may award up to three times the deposit, or the part retained, plus costs.
Step 4: Hurricanes, flood and lava
Renters insurance typically covers your belongings for wind and fire. A hurricane deductible may apply. Flood is excluded; see FloodSmart. Ask about any lava or earthquake exclusions in your policy.
Questions? Contact Alishahi Insurance or call (877) 711-4545. See insurance in Hawaii.
Frequently asked questions
What's the maximum security deposit in Hawaii?
One month's rent, plus an optional pet deposit of up to one month's rent.
How long does a Hawaii landlord have to return my deposit?
14 days after the rental agreement ends, with itemized costs and receipts for any deductions.
What's the penalty for willful retention in Hawaii?
The court may award up to three times the deposit, or the part retained, plus costs.
Alishahi Insurance · 439 N Canon Dr, Penthouse, Beverly Hills, CA 90210 · (877) 711-4545 · CA License #4348151. General information only. This isn't legal, tax or financial advice or a coverage determination. Coverage depends on policy language and underwriting, and rules vary by state.