Late Rent Fee Limits in Hawaii
At a glance
| Governing law | HRS §§ 521-21(f), 521-31, and 521-77 — 8% cap, agreement condition, nonwaiver, and consumer-protection complaint route |
|---|---|
| Maximum late fee | 8% of the amount of rent due (§ 521-21(f)) |
| Grace period | None stated; the agreement may impose a charge for rent not paid when due |
| Lease or notice requirement | The rental agreement must provide for the late charge (§ 521-21(f)); an agreement may be written or oral (§ 521-8), so no separate written notice is required |
| One-time or recurring | The total late charge may not exceed 8% of the amount of rent due; the statute states no separate one-time, daily, interest, or compounding mechanism |
| Calculated on | The statutory words are 'the amount of rent due.' The section does not expressly say whether a partial payment changes that base |
| Related fees & carve-outs | A public-assistance recipient whose agreement keys rent to receipt of a benefit check may establish a new due date under § 521-21(b); no returned-check or administrative fee is addressed in the late-charge subsection |
| If the fee is unlawful | A tenant may not waive Chapter 521 rights; the Office of Consumer Protection may receive, investigate, and try to resolve any Chapter 521 dispute. No late-fee-specific refund or damages multiplier is stated (§§ 521-31, 521-77) |
The cap is 8% of rent due
Hawaii Revised Statutes § 521-21(f) allows a late charge only "[w]here the rental agreement provides" for one. The charge may apply when rent is "not paid when due," and it may not exceed 8% of "the amount of rent due." If the full $2,000 rent remains due, the maximum charge is $160.
The Code defines a rental agreement to include written or oral agreements. Section 521-21(f) therefore does not require a signed addendum or a separate written notice before the charge applies. It requires agreement authorization, not a particular document format.
No statutory fee grace or accrual formula
The late-charge subsection uses the contractual due date as the trigger. It does not create a fee-free grace period after that date. Any grace period must come from the rental agreement.
The section caps the late charge but does not separately prescribe whether it must be imposed once, may be described in daily increments, bears interest, or compounds. Whatever structure the agreement uses, the late charge cannot exceed the statutory 8% ceiling for the amount of rent due.
What trips people up
The statute does not say "unpaid balance." Its exact calculation phrase is "the amount of rent due." For a partial payment, § 521-21(f) does not expressly say whether the 8% runs against the original amount due or only the remainder. Do not replace the statutory words with an unpaid-balance formula without resolving that issue for the particular agreement and dispute.
A proposed 5% rule did not become law. SB 347 would have reduced the cap from 8% to 5% and expressly limited the calculation to unpaid rent. It received no action after referral and died when the 2025-2026 Legislature adjourned sine die on May 8, 2026. The current official statute still says 8% of the amount of rent due.
The public-assistance due-date rule is not a general grace period. Section 521-21(b) gives a qualifying public-assistance recipient an option to establish a new due date through a one-time prorated payment. It does not give every tenant extra fee-free days.
Common questions
Can a landlord charge a late fee that is not in the rental agreement? No. Section 521-21(f) begins by requiring the rental agreement to provide for the charge.
Must the agreement be written? No. Section 521-8 defines rental agreements to include written and oral agreements.
Can a landlord charge more than 8% by splitting the fee into several charges? The statute caps the late charge at 8% of the amount of rent due. It does not provide a separate daily or multiple-charge allowance that enlarges that ceiling.
Where can a tenant raise an excessive-fee dispute? Under § 521-77, the Office of Consumer Protection may receive, investigate, and attempt to resolve any dispute arising under Chapter 521. Section 521-31 also bars waiver of the chapter's rights and remedies.
Statutes and sources
- Haw. Rev. Stat. § 521-21(a)-(b), (f) — rent terms, public-assistance
due-date option, agreement condition, and 8% cap.
Where the rental agreement provides for a late charge payable to the landlord for rent not paid when due, the late charge shall not exceed eight per cent of the amount of rent due.
Official source: https://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0521/HRS_0521-0021.htm (accessed 2026-07-20) - Haw. Rev. Stat. § 521-8 — rental agreements may be written or oral.
"Rental agreement" means all agreements, written or oral, which establish or modify the terms, conditions, rules, regulations, or any other provisions concerning the use and occupancy of a dwelling unit and premises.
Official source: https://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0521/HRS_0521-0008.htm (accessed 2026-07-20) - Haw. Rev. Stat. § 521-31(a)-(b) — nonwaiver and claims for Chapter 521 violations.
a tenant or landlord may not waive or agree to forego rights or remedies under this chapter. ... A claim by a tenant against a landlord for violation of this chapter ... if disputed in good faith, may be settled by agreement.
Official source: https://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0521/HRS_0521-0031.htm (accessed 2026-07-20) - Haw. Rev. Stat. § 521-77 — Office of Consumer Protection dispute route.
The office of consumer protection may receive, investigate and attempt to resolve any dispute arising under this chapter.
Official source: https://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0521/HRS_0521-0077.htm (accessed 2026-07-20)
Source links
Every statute quoted above, linked, with the date we checked it.
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