Hawaii tenant screening and landlord-tenant code

Hawaii is one of the states with a state-specific screening-fee statute layered on top of FCRA. Under HRS §521-46 (effective May 1, 2024), a landlord may charge an application screening fee only to cover the actual cost of obtaining information about the applicant, and: any amount collected beyond the actual cost must be refunded to the applicant within 30 days of the landlord submitting the screening request; upon the applicant's request, the landlord must provide a receipt for the fee and a breakdown of the costs it covers; and only applicants 18 or older, or emancipated minors, may be charged the fee.

A separate 2025 bill (HB638) would have let applicants avoid duplicate fees by sharing a certified copy of a recent background check or a "reusable" tenant screening report with multiple landlords, but it died in committee in February 2025 and is not current law.

Before using criminal history in housing decisions, verify directly against HRS Chapter 515 whether Hawaii has a state-specific restriction separate from Hawaii's employment-focused "ban the box" law at HRS §378-2.5, which applies to employers, not landlords. Absent a confirmed state-specific restriction, screening based on criminal history in Hawaii is generally governed by FCRA and by federal Fair Housing Act nondiscrimination principles, which caution against blanket criminal-history bans that could produce a discriminatory effect on protected groups.

Confirm directly against HRS §515-3 whether Hawaii law adds "source of income" or housing-voucher status as a state-protected class in housing. Hawaii's protections in this area may be thinner than in states like California, which does protect source of income statewide — landlords should confirm current county rules as well, including any human-rights ordinance that may add this protection in any of the four counties.

Federal FCRA §615 sets the baseline: if a landlord denies an application, requires a co-signer, or charges different terms based on information in a consumer report, the landlord must generally provide an adverse action notice identifying the reporting agency and the applicant's dispute rights. Hawaii has no state-specific statute that expands on FCRA's adverse-action requirements for residential tenancies.

Generally capped at one month's rent, plus (only if the tenant has a pet) an additional pet deposit of up to one month's rent; no deposit may be charged for an assistance animal that is a reasonable accommodation (HRS §521-44(b)). Hawaii law does not require landlords to pay interest on security deposits. A landlord must notify the tenant in writing of any amounts withheld, with an itemized accounting, within 14 days after the rental agreement terminates (HRS §521-44(c)). If the landlord misses that 14-day window, the full deposit must generally be returned. A tenant may sue in small claims court, and a landlord found to have wrongfully and willfully retained a deposit may be liable for damages equal to three times the amount withheld, plus costs.

For month-to-month tenancies, landlords must generally give 45 days' written notice before a rent increase takes effect; for tenancies shorter than month-to-month, 15 days' notice generally applies (HRS §521-21). To end a month-to-month tenancy, landlords must generally give 45 days' notice; tenants must generally give 28 days' notice (HRS §521-71). For nonpayment of rent, a landlord may generally demand payment in writing and must allow 5 business days after the tenant receives the notice before terminating the agreement (HRS §521-68). For lease violations, a landlord must generally give 10 days' written notice to cure, then wait an additional 20 days before filing for eviction if the violation isn't cured (HRS §521-72).

Under Act 278 (SLH 2025), a new, time-limited pilot program running February 5, 2026 through February 4, 2028 generally requires a landlord to participate in mediation if the tenant requests it within 10 calendar days of receiving a nonpayment eviction notice; if mediation doesn't resolve the dispute, the landlord may generally proceed with eviction 20 days after the tenant received the notice. Hawaii has no statewide rent-control law, but landlords should confirm whether any Hawaii county has a local rent-control ordinance.

Hawaii's counties (Honolulu, which is a consolidated city-county covering all of Oʻahu, plus Maui, Hawaiʻi, and Kauaʻi counties) function differently from mainland city/unincorporated-county structures — there's no separate "unincorporated area" layer distinct from county government, since the whole state is covered by one of the four counties. If you operate in more than one county, check each county's current human-rights and housing ordinances directly for any local tenant-screening, criminal-history, or source-of-income requirements beyond the statewide Chapter 521 framework.

Does Hawaii cap tenant screening/application fees? Yes — since May 1, 2024, Hawaii law (HRS §521-46) generally limits screening fees to the actual cost of obtaining applicant information and requires landlords to refund any unused portion within 30 days.

How much can a Hawaii landlord charge for a security deposit? Generally up to one month's rent, plus an additional month's rent as a pet deposit if the tenant has a pet.

How long does a Hawaii landlord have to return a security deposit? Generally 14 days after the rental agreement terminates, with a written itemization of any amounts withheld.

Is there a new eviction rule in Hawaii I should know about? Yes — a 2025 law (Act 278) created a two-year pilot mediation program (February 5, 2026 – February 4, 2028) that generally requires landlords to participate in mediation if a tenant requests it within 10 days of a nonpayment eviction notice.

Checkr helps landlords and property managers run FCRA-compliant tenant screening built to help you apply consistent, documented criteria to every applicant. Get started with Checkr to build a screening workflow suited to Hawaii's disclosure, fee, and adverse-action requirements.

The resources and information provided here are for educational and informational purposes only and do not constitute legal advice. Always consult your own counsel for up-to-date legal advice and guidance related to your practices, needs, and compliance with applicable laws.