Hawaii Pet Deposit Laws

Learn Hawaii pet deposit rules under Haw. Rev. Stat. §521-44. Can landlords charge pet deposits? Can they keep it for pet damage? What about service animals and ESAs?

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Pet Deposit Rules in Hawaii

In Hawaii, pet deposits are subject to the same rules as security deposits under Haw. Rev. Stat. §521-44. Landlords may charge a pet deposit to cover potential pet-related damage, but it cannot be used to cover normal wear and tear. Whether the pet deposit is refundable depends on the terms of your lease and whether actual pet damage occurred. The total of all deposits — including pet deposits — may be subject to a statutory cap depending on Hawaii law.

Service Animal Exception

Under the federal Fair Housing Act, landlords cannot charge pet deposits for service animals (ADA) or emotional support animals (FHA) — this applies in all 50 states regardless of Hawaii law.

What to Do About Your Pet Deposit in Hawaii

  1. 1

    Review your lease to confirm the pet deposit amount and refundability

  2. 2

    Document pet-related areas at move-in AND move-out with photos

  3. 3

    Get written confirmation of whether your pet deposit is refundable

  4. 4

    If landlord keeps pet deposit without itemization within 14 days, dispute it citing Haw. Rev. Stat. §521-44

  5. 5

    Service or emotional support animal? The landlord cannot charge you any pet deposit

Legal Reference

Wear & Tear Protected
Primary StatuteHaw. Rev. Stat. §521-44
Penalty StatuteHaw. Rev. Stat. §521-44(c)
Small Claims Limit$5,000
Statute of Limitations6 years

Questions

Common questions answered.

Your Hawaii landlord has 14 days after your move-out date to return your security deposit along with an itemized statement of any deductions. This deadline is set by Haw. Rev. Stat. §521-44.

If your landlord misses the 14-day deadline, they forfeit the right to withhold any portion of your deposit under Haw. Rev. Stat. §521-44(c), even deductions that might otherwise have been valid.

No. Hawaii law under Haw. Rev. Stat. §521-44 explicitly prohibits landlords from deducting for normal wear and tear. This includes faded paint, minor scuffs, small nail holes, and carpet thinning from regular use. Deductions must be for actual damage beyond what normal living causes.

Yes, landlords in Hawaii may charge a separate pet deposit to cover potential pet-related damage. However, it is subject to the same rules as the main security deposit under Haw. Rev. Stat. §521-44: it must be returned (or itemized) within 14 days, and cannot be kept for normal wear and tear.

No. Under the federal Fair Housing Act, landlords cannot charge any pet deposit or pet fee for service animals (ADA) or emotional support animals (FHA). This applies in Hawaii and all 50 states regardless of state law. Charging a pet deposit for a service or support animal is illegal discrimination.

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