SECURITY DEPOSIT ITEMIZATION & DISPOSITION STATEMENT
(Haw. Rev. Stat. § 521-44 Compliance)
[// GUIDANCE: This template is drafted for residential tenancies governed by the Hawaiʻi Residential Landlord-Tenant Code. Adapt brackets before issuing. Citations are limited to Haw. Rev. Stat. § 521-44, the controlling statute for security deposits in Hawaiʻi.]
I. DOCUMENT HEADER
Landlord: [LEGAL NAME OF LANDLORD]
Mailing Address: [LANDLORD ADDRESS]
Telephone / E-Mail: [LANDLORD CONTACT]
Tenant: [LEGAL NAME(S) OF TENANT(S)]
Forwarding Address Provided: [TENANT FORWARDING ADDRESS]
Premises: [STREET ADDRESS, UNIT NUMBER, CITY, HI ZIP]
Lease Commencement Date: [DATE]
Lease Termination / Possession Surrender Date (“Move-Out Date”): [DATE]
Effective Date of This Statement (“Effective Date”): [DATE OF LETTER – MUST BE ≤ 14 DAYS AFTER MOVE-OUT]
Governing Law: Hawaiʻi Residential Landlord-Tenant Code, Haw. Rev. Stat. § 521-44; other applicable Hawaiʻi law.
Designated Forum: [NAME OF DISTRICT COURT – HOUSING DIVISION], State of Hawaiʻi.
Arbitration: Excluded.
Jury Waiver: None – parties retain constitutional rights.
Injunctive Relief: Money damages only.
II. DEFINITIONS
For purposes of this Statement:
- “Code” means the Hawaiʻi Residential Landlord-Tenant Code, Haw. Rev. Stat. Chapter 521.
- “Deposit” means all sums identified as a security deposit (and, if applicable, “Pet Deposit”) under the Lease and the Code.
- “Normal Wear and Tear” has the meaning assigned in Haw. Rev. Stat. § 521-8 and expressly excludes damage or filth beyond ordinary use.
- “Statement” means this Security Deposit Itemization & Disposition Statement and all exhibits hereto.
[// GUIDANCE: Add, modify, or delete definitions to mirror lease language.]
III. OPERATIVE PROVISIONS
3.1 Deposit Accounting
Pursuant to Haw. Rev. Stat. § 521-44(c), the Landlord hereby tenders an itemized accounting of the Deposit, accompanied by supporting documentation and payment as follows:
| Line No. | Category | Description | Amount (USD) | Support (Invoice/Estimate No.) |
|---|---|---|---|---|
| 1 | Beginning Balance | Total Deposit Received on [DATE] | $[ ] | N/A |
| 2 | Unpaid Rent | [Month/Year] | −$[ ] | [ATTACH RENT LEDGER] |
| 3 | Utilities | [Specify] | −$[ ] | [INVOICE] |
| 4 | Cleaning | [Detail scope; e.g., “Range hood degreasing, carpet shampoo”] | −$[ ] | [INVOICE / ESTIMATE] |
| 5 | Repairs | [Detail; e.g., “Patch & paint drywall hole, 12'' × 8''”] | −$[ ] | [INVOICE / ESTIMATE] |
| 6 | Key/Lock Replacement | [Specify] | −$[ ] | [RECEIPT] |
| … | … | … | … | … |
| 99 | Sub-Total Deductions | −$[TOTAL DEDUCTIONS] |
Net Amount Due Tenant: $[BALANCE]
☐ Check No. [ ] in the amount of $[BALANCE] is enclosed; OR
☐ Deductions exceed Deposit – Tenant owes $[SHORTFALL]. Remit within 14 days of the Effective Date to the address above.
[// GUIDANCE: Haw. Rev. Stat. § 521-44 permits only unpaid rent, failure to return keys, cleaning, and damage beyond Normal Wear and Tear—even if identified after departure. Itemize meticulously.]
3.2 Supporting Documentation
Copies of final receipts and invoices are attached. Where a service remains incomplete as of the Effective Date, Landlord provides in good faith the attached written estimate(s) and will forward final receipts within forty-five (45) days, as required by Haw. Rev. Stat. § 521-44(c).
3.3 Manner of Delivery
This Statement is:
(a) Hand-delivered to Tenant on the Effective Date; OR
(b) Mailed first-class, postage pre-paid, to the Forwarding Address above.
[// GUIDANCE: Select the method actually used. Proof of mailing/hand delivery should be retained.]
IV. REPRESENTATIONS & WARRANTIES
4.1 Landlord represents and warrants that:
(a) All deductions stated herein are lawful, reasonable, and limited to the actual or reasonably estimated cost of remedying Tenant’s default(s) and/or damage beyond Normal Wear and Tear.
(b) No portion of the Deposit has been withheld for routine painting, carpet replacement due solely to age, or other items classified as Normal Wear and Tear.
(c) The enclosed payment (if any) constitutes the full balance of the Deposit legally due to Tenant as of the Effective Date.
4.2 Tenant’s acceptance, negotiation, or endorsement of any enclosed payment does not constitute a release of claims unless accompanied by a separate written settlement agreement.
V. COVENANTS & RESTRICTIONS
5.1 Tenant shall notify Landlord in writing of any specific objections to this Statement within fourteen (14) calendar days after receipt.
5.2 Failure to provide timely written objection shall be deemed Tenant’s acknowledgment that the accounting is accurate, subject to Tenant’s statutory rights.
[// GUIDANCE: Haw. Rev. Stat. § 521-44 does not require a tenant-reply window; providing one is a defensive drafting technique to flush out disputes early.]
VI. DEFAULT & REMEDIES
6.1 If Tenant fails to pay any amount owed to Landlord under § 3.1 within fourteen (14) days after written demand, such failure constitutes a “Monetary Default.”
6.2 Upon a Monetary Default, Landlord may pursue all remedies available under the Lease, the Code, and applicable law, including but not limited to recovery of:
(a) the outstanding balance,
(b) court costs, and
(c) reasonable attorneys’ fees.
VII. RISK ALLOCATION
Indemnification and liability caps are not applicable to this Statement; statutory penalties, if any, govern.
VIII. DISPUTE RESOLUTION
8.1 Governing Law: This Statement shall be interpreted exclusively under Hawaiʻi law, including Haw. Rev. Stat. § 521-44.
8.2 Forum Selection: Any dispute arising hereunder shall be brought solely in the [_____] Division of the District Court of the State of Hawaiʻi having jurisdiction over the Premises.
8.3 Arbitration: Excluded.
8.4 Jury Trial: No party waives its constitutional right to trial by jury.
8.5 Injunctive Relief: Parties seek money damages only; no equitable relief is preserved by this Statement.
IX. GENERAL PROVISIONS
9.1 Entire Statement. This document and its exhibits constitute the entire security-deposit accounting required under Haw. Rev. Stat. § 521-44.
9.2 Amendments. Any amendment must be in a signed writing identifying itself as an amendment to this Statement.
9.3 Counterparts / Electronic Delivery. This Statement may be executed in counterparts, each of which is deemed an original. Signatures transmitted via electronic means shall be binding.
9.4 Severability. If any provision of this Statement is held invalid or unenforceable, the remainder shall remain in full force.
X. EXECUTION BLOCK
IN WITNESS WHEREOF, the undersigned have executed this Statement as of the Effective Date.
LANDLORD:
[NAME]
[Title, if entity]
Date: _____
TENANT(S): (acknowledgment of receipt only)
_____ Date: ______
[NAME]
_____ Date: ______
[NAME]
[// GUIDANCE: Tenant signature is not legally required under § 521-44; obtain if possible for evidentiary clarity. Retain a copy signed by Landlord and, if obtained, Tenant.]
EXHIBITS
Exhibit A – Lease Agreement (excerpt showing Deposit provisions)
Exhibit B – Rent Ledger (if unpaid rent deducted)
Exhibit C – Photographs of Post-Move-Out Condition
Exhibit D – Invoices / Receipts / Estimates
[// GUIDANCE: Attach contemporaneous photographs and third-party invoices wherever possible to bolster evidentiary position. Maintain records for at least four (4) years, the statute of limitations on written contracts in Hawaiʻi.]
© [YEAR] [LAW FIRM/ENTITY NAME]. All rights reserved.