Question: When I sign a lease for a rental, is it common for the security deposit to be more than the monthly rent?
Answer: A landlord has the right to collect a security deposit and first month’s rent at the beginning of a rental agreement. A residential security deposit cannot exceed one month’s rent, unless you have a pet (this excludes assistance animals). Landlords have the right to charge an additional pet deposit, which cannot exceed one month’s rent.
Generally, security deposits are held by a landlord to fix damage caused by a tenant, including but not limited to cleaning the dwelling so that it is in the same condition it was when the tenant took possession; repairing appliances, furniture and furniture supplied by the landlord (normal wear and tear is excluded); failing to return keys; paying rent when due; and wrongful termination of a lease by a tenant.
| PROFILE
Miriah Holden
>> Age: 32
>> Title: Associate
>> Company: Alston Hunt Floyd & Ing
>> Education: J.D. from the University of Hawaii William S. Richardson School of Law; M.B.A. and B.B.A. from the UH Shidler College of Business
>> Email: MHolden@ahfi.com
>> Website: www.ahfi.com Opens in a new tab
>> Phone: 524-1800
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Q: Can landlords in Hawaii charge first and last month’s rent when a tenant signs a lease?
A: Unlike other states, landlords in Hawaii cannot require a tenant to pay the last month’s rent at the beginning of a rental agreement. Generally, a security deposit cannot be used as last month’s rent, unless there is an agreement in writing between the landlord and tenant.
Q: After moving out, when can renters expect to get their security deposit back?
A: When a rental agreement expires, tenants are often concerned about getting their security deposits back, and landlords want to make sure that they are in compliance with returning the security deposit. It’s a good rule of thumb for tenants to provide a forwarding address to the landlord so that the security deposit can be mailed.
Within 14 days of the termination of a rental agreement (this does not apply if a tenant wrongfully terminated the lease), a landlord must either return the whole security deposit or provide written notice itemizing the costs of damage, repairs, etc., and return the remaining balance of the security deposit.
If a landlord fails to comply with the 14-day rule, under the law, a landlord is not entitled to keep any of the security deposit and is required to return the full security deposit to the tenant. Security deposit disputes are handled in the Small Claims division of the District Court of the state of Hawaii.
Q: If renters or landlords have any questions, who can they contact?
A: The contractual relationship between landlords and tenants is governed by Hawaii Revised Statutes Chapter 521.
Should you have questions, please review the Hawaii Landlord-Tenant Code, contact an attorney and/or visit the Access to Justice Room at the District Court of the First Circuit (Oahu). Volunteer attorneys are able to provide limited legal advice to unrepresented parties. This is a free service to the community.
