SECURITY DEPOSIT DEMAND LETTER
STATE OF HAWAII
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL
[DATE]
[LANDLORD/PROPERTY MANAGER NAME]
[LANDLORD/PROPERTY MANAGER ADDRESS]
[CITY, STATE ZIP]
Re: DEMAND FOR RETURN OF SECURITY DEPOSIT
Former Tenant: [TENANT FULL NAME]
Rental Property Address: [RENTAL ADDRESS]
Lease Start Date: [DATE]
Move-Out Date: [DATE]
Security Deposit Amount: $[AMOUNT]
Dear [LANDLORD/PROPERTY MANAGER NAME]:
This law firm represents [TENANT FULL NAME] ("Tenant" or "Client") regarding your failure to return the security deposit for the above-referenced rental property in accordance with Hawaii law. This letter constitutes formal demand for the immediate return of our Client's security deposit, plus all applicable statutory penalties, damages, and attorney's fees.
I. HAWAII LEGAL FRAMEWORK
A. Governing Law
Security deposits in Hawaii are governed by the Hawaii Residential Landlord-Tenant Code, Haw. Rev. Stat. Chapter 521, specifically Section 521-44.
B. Security Deposit Limits
Under Haw. Rev. Stat. Section 521-44(a), a landlord may not demand or receive a security deposit in excess of one month's rent.
C. Return Deadline
Pursuant to Haw. Rev. Stat. Section 521-44(c), a landlord must return the security deposit within fourteen (14) days after:
1. The termination of the rental agreement; AND
2. The landlord's determination of the amount of damages
The landlord must provide:
- The remaining deposit amount; AND
- A written itemization of any deductions
D. Permissible Deductions
Under Haw. Rev. Stat. Section 521-44(b), a landlord may retain from the security deposit amounts for:
- Unpaid rent
- Repair of damage caused by the tenant beyond ordinary wear and tear
- Cleaning costs to return the premises to the condition at the beginning of tenancy
- Other damages provided for in the rental agreement
E. Separate Account Requirement
Hawaii law does not require that security deposits be held in a separate or interest-bearing account. No interest is due to tenants on their deposits.
F. Move-In/Move-Out Inspection
Under Haw. Rev. Stat. Section 521-42, the landlord must provide a written inventory of the condition of the premises at the beginning and end of the tenancy. This inventory is critical for determining damage claims.
II. FACTUAL BACKGROUND
A. Tenancy Information
| Item | Details |
|---|---|
| Tenant Name(s) | [FULL NAME(S) OF ALL TENANTS] |
| Property Address | [COMPLETE ADDRESS] |
| Island | [OAHU/MAUI/BIG ISLAND/KAUAI/OTHER] |
| Lease Commencement | [DATE] |
| Lease Expiration/Move-Out | [DATE] |
| Monthly Rent | $[AMOUNT] |
| Security Deposit Paid | $[AMOUNT] |
| Date Deposit Paid | [DATE] |
| Pet Deposit (if applicable) | $[AMOUNT] |
| Total Deposits Paid | $[TOTAL] |
B. Move-Out Circumstances
Notice Provided:
- Date Notice Given: [DATE]
- Notice Period: [NUMBER] days
- Method of Delivery: [ ] Hand-delivered [ ] Certified mail [ ] Email
Move-Out Details:
- Date Keys Returned: [DATE]
- Forwarding Address Provided: [ ] Yes [ ] No
- Date Forwarding Address Provided: [DATE]
- Move-Out Inspection: [ ] Requested [ ] Conducted [ ] Refused by Landlord [ ] Not offered
C. Condition of Premises at Move-Out
Our Client left the premises in the following condition:
[ ] Clean and in good repair - The premises were left in substantially the same condition as when our Client took possession, reasonable wear and tear excepted.
[ ] Professionally cleaned - Our Client hired [CLEANING COMPANY NAME] to professionally clean the premises on [DATE].
[ ] All personal property removed - All of our Client's personal belongings were removed from the premises.
[ ] No damage beyond normal wear and tear - Any changes to the premises were the result of normal, expected use during the tenancy.
[ ] Move-in/Move-out inventory - Our Client has the written inventory showing condition at move-in and move-out.
[ ] Move-in/Move-out photos - Our Client has photographic documentation of the condition of the premises at both move-in and move-out.
III. LANDLORD'S VIOLATIONS
You have violated Hawaii law in the following ways:
[ ] Failure to Return Deposit: You have failed to return any portion of the security deposit within the statutory 14-day period required under Haw. Rev. Stat. Section 521-44(c).
[ ] Failure to Provide Itemization: You have failed to provide a written itemization of deductions within the statutory period.
[ ] Excessive Security Deposit: You collected a security deposit exceeding one month's rent in violation of Haw. Rev. Stat. Section 521-44(a).
[ ] Failure to Provide Move-In Inventory: You failed to provide a written inventory of the condition of the premises at move-in as required by Haw. Rev. Stat. Section 521-42.
[ ] Improper Deductions: You have made deductions that are not permitted by law, including:
- [ ] Deductions for ordinary wear and tear
- [ ] Deductions for pre-existing conditions
- [ ] Deductions exceeding actual cost of repairs
- [ ] Other improper deductions: [SPECIFY]
[ ] Bad Faith Retention: You have retained the deposit in bad faith, as evidenced by: [DESCRIBE]
IV. NORMAL WEAR AND TEAR
Hawaii law distinguishes between "damage" for which a tenant may be charged and "ordinary wear and tear" for which a tenant may not be charged. Ordinary wear and tear includes deterioration that results from the intended use of the premises and ordinary operation of natural forces over time.
The following items, if deducted, constitute normal wear and tear and are NOT permissible deductions:
[ ] Minor scuff marks on walls from furniture
[ ] Small nail holes from hanging pictures
[ ] Worn carpet in traffic areas
[ ] Faded paint or wallpaper
[ ] Minor scratches on hardwood floors
[ ] Worn finish on bathroom fixtures
[ ] Slightly dirty mini-blinds
[ ] Dust or minor dirt requiring standard turnover cleaning
[ ] Worn door handles or locks
[ ] Fading or wear from sun exposure (common in Hawaii)
[ ] Salt air corrosion on exterior fixtures
[ ] Other: [SPECIFY]
V. DAMAGES AND PENALTIES
A. Return of Security Deposit
| Item | Amount |
|---|---|
| Security Deposit | $[AMOUNT] |
| Pet Deposit | $[AMOUNT] |
| Other Deposits | $[AMOUNT] |
| Total Deposits Due | $[AMOUNT] |
B. Statutory Penalties - Bad Faith
Under Haw. Rev. Stat. Section 521-44(d), if a landlord willfully retains a security deposit in bad faith, the tenant may recover:
- Twice the amount wrongfully withheld
- Plus reasonable attorney's fees
Bad Faith Penalty Calculation:
- Amount Wrongfully Withheld: $[AMOUNT]
- Double Damages (2x): $[AMOUNT]
- Total Penalty: $[AMOUNT]
C. Failure to Return Within 14 Days
Under Haw. Rev. Stat. Section 521-44(c), if a landlord fails to return the deposit or provide an itemization within 14 days, the landlord forfeits any right to withhold any portion of the deposit.
D. Attorney's Fees and Costs
Under the lease agreement and/or Hawaii law, the prevailing party may recover reasonable attorney's fees and costs.
E. Total Demand
| Item | Amount |
|---|---|
| Security Deposit | $[AMOUNT] |
| Other Deposits | $[AMOUNT] |
| Double Damages (2x) | $[AMOUNT] |
| Attorney's Fees to Date | $[AMOUNT] |
| TOTAL DEMAND | $[AMOUNT] |
VI. EVIDENCE IN OUR POSSESSION
Our Client has preserved the following evidence to support this claim:
[ ] Original lease agreement
[ ] Receipt or cancelled check for security deposit payment
[ ] Move-in inventory/checklist
[ ] Move-out inventory/checklist
[ ] Photographs of premises at move-in (dated)
[ ] Photographs of premises at move-out (dated)
[ ] Video walkthrough at move-out
[ ] Copy of written notice to vacate
[ ] Proof of delivery of notice and forwarding address
[ ] Receipts for professional cleaning
[ ] Correspondence with landlord regarding deposit
[ ] Landlord's itemized statement (if provided)
[ ] Witness statements regarding condition of premises
[ ] Utility final bills showing service through move-out date
[ ] Other: [SPECIFY]
VII. DEMAND
We hereby demand that you take the following actions within fourteen (14) days of the date of this letter:
-
Return of Deposit: Pay to our Client the full amount of the security deposit: $[AMOUNT]
-
Statutory Penalties: Pay to our Client the statutory penalty for bad faith retention: $[AMOUNT]
-
Total Payment: The total amount due is $[TOTAL AMOUNT]
Payment should be made by certified check or money order, payable to [TENANT NAME], and sent to:
[LAW FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]
Reference: [TENANT NAME] Security Deposit
VIII. CONSEQUENCES OF NON-COMPLIANCE
If you fail to comply with this demand within the time specified, we are authorized and prepared to:
-
File Suit: Commence legal action in Hawaii Small Claims Court (for claims up to $5,000) or District Court for return of the deposit, double damages, attorney's fees, and costs.
-
Seek Maximum Penalties: Request the court impose double damages for bad faith retention pursuant to Haw. Rev. Stat. Section 521-44(d).
-
Seek Attorney's Fees: Request the court award reasonable attorney's fees.
-
Report Violations: Report your conduct to:
- Hawaii Office of Consumer Protection
- Hawaii Real Estate Commission
- Better Business Bureau -
Judgment Enforcement: Upon obtaining judgment, pursue all legal means of collection, including garnishment, levy, and lien on property.
IX. RESPONSE REQUESTED
Please respond to this demand in writing within fourteen (14) days. Your response should include:
- Your position on the amount owed to our Client
- Any documentation supporting claimed deductions
- Payment or a good-faith settlement offer
If we do not receive a satisfactory response, we will file suit without further notice.
X. RESERVATION OF RIGHTS
This letter is written without prejudice to any and all rights and remedies available to our Client under applicable law, all of which are expressly reserved. Our Client does not waive any claims, defenses, or rights by sending this letter or by any subsequent negotiations.
Respectfully submitted,
[LAW FIRM NAME]
By: _________________________________
[ATTORNEY NAME]
[HAWAII BAR NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]
Attorneys for [TENANT FULL NAME]
ENCLOSURES:
[ ] Copy of lease agreement
[ ] Copy of security deposit receipt
[ ] Move-in/move-out photographs
[ ] Copy of notice to vacate
[ ] Copy of forwarding address notification
[ ] Copy of landlord's itemization (if any)
[ ] Cleaning receipts
[ ] Authorization to represent
cc: [TENANT NAME]
[PROPERTY MANAGEMENT COMPANY, if applicable]
[PROPERTY OWNER, if different from addressee]
[CLIENT FILE]
HAWAII SECURITY DEPOSIT QUICK REFERENCE
| Element | Hawaii Requirement |
|---|---|
| Governing Statute | Haw. Rev. Stat. Section 521-44 |
| Deposit Limit | 1 month's rent |
| Return Deadline | 14 days |
| Itemization Required | Yes |
| Move-In Inventory | Required |
| Interest Required | No |
| Separate Account Required | No |
| Penalty for Bad Faith | 2x wrongfully withheld |
| Attorney's Fees | Yes |
| Small Claims Limit | $5,000 |
HAWAII-SPECIFIC PRACTICE NOTES
[ ] 14-Day Strict Deadline: Hawaii's 14-day return deadline is one of the shortest in the nation. Missing the deadline may result in forfeiture of all deduction rights.
[ ] One Month Cap: Hawaii strictly limits security deposits to one month's rent. Any excess is a violation.
[ ] Move-In/Move-Out Inventory: The written inventory required by Haw. Rev. Stat. Section 521-42 is crucial evidence. If the landlord failed to provide it, their damage claims are weakened.
[ ] Island-Specific Courts: Hawaii's district courts are organized by circuit (island). File in the appropriate circuit.
[ ] Vacation Rentals: Different rules may apply to vacation rentals and transient accommodations. Verify the nature of the tenancy.
[ ] High Cost of Living: Hawaii's high housing costs mean security deposits are often substantial. Even one month's rent can be significant.
[ ] Environmental Factors: Hawaii's climate (humidity, salt air, tropical storms) can cause wear that should be considered normal for the environment.
[ ] Small Claims Limit: Hawaii's small claims limit is $5,000. For larger claims, file in District Court.
[ ] Military Tenants: Hawaii has a large military population. SCRA protections may apply to servicemember tenants.
This template is for informational purposes only and does not constitute legal advice. Hawaii security deposit law has strict deadlines. Consult a licensed Hawaii attorney before use.