Hawaii · Security deposit dispute

Security deposit dispute in Hawaii small claims

Landlord kept your deposit? Take it to small claims.

If your landlord did not return your security deposit, or kept part of it without a proper itemized reason, small claims court is the usual place to get it back. Most states require the landlord to return the deposit (or send an itemized list of deductions) within a set number of days after you move out. Because that specific deadline varies by state and is not a filing statute of limitations, verify it with your court or state housing agency before you rely on it.

In Hawaii, small-claims cases are heard in the Small Claims Division of the District Court and you can sue for up to $5,000 (no monetary limit for a tenant's residential security-deposit claim).

Security deposit dispute: steps that matter

  1. Document the unit's condition at move-out (photos, video, a signed walkthrough) and keep your lease and move-in records.
  2. Send the landlord a written demand for the deposit, with your forwarding address, and keep proof you sent it.
  3. Check your state's deposit-return rules (how many days the landlord had, and whether an itemized statement was required) with your court or state housing agency.
  4. If the deposit is not returned, file in small claims within the deadline below and bring your lease, photos, and demand letter.

Filing your Statement of Claim in Hawaii

  1. Prepare and file a Statement of Claim. File a Statement of Claim with the clerk of the District Court (Small Claims Division) in the proper division (generally where the defendant resides, where the claim arose, or, for security-deposit disputes, where the property is located). Upon request the clerk may help individuals prepare the Statement of Claim, but cannot give legal advice; businesses/corporations must prepare it without clerk assistance. On Oahu, all small claims documents are filed at the District Court of the First Circuit, Civil Division, Kauikeaouli Hale, 1111 Alakea Street, 3rd Floor, Honolulu.
  2. Pay the filing fee. Pay the filing fee when filing (a judge may waive it for financial hardship). The civil division payment window closes before the end of business, so file during office hours (Monday-Friday, 7:45 a.m. to 4:30 p.m.; payment window closes at 4:15 p.m.).
  3. Receive the trial date / Notice. When the Statement of Claim is filed, the clerk assigns a specific date and time for the trial and sets it on the Notice in the Statement of Claim. The clerk sets a trial date not less than 5 nor more than 30 days from the date of filing.
  4. Serve the defendant. The plaintiff is responsible for notifying the defendant by serving a copy of the Statement of Claim and Notice. Permitted methods include registered/certified mail (restricted delivery, return receipt requested), service by the sheriff (Dept. of Public Safety), service by any non-party over age 18, or personal service by the plaintiff with the defendant's signed acknowledgment or an accompanying witness. The defendant must be served at least 48 hours before the trial date.
  5. Attend mediation and trial. All small claims cases go through mediation first (with a mediator from the Mediation Center of the Pacific). If no agreement is reached, the parties return to court for trial before the judge that same day; bring all relevant documents and any witnesses.

Filing fees: A filing fee applies and may be waived by a judge for financial hardship. Verify the current amount with the court.

Deadline that applies to your security deposit dispute

A security-deposit claim is generally treated as a contract claim (your lease), so the contract statute of limitations below is the usual outer deadline to sue. Many states ALSO set a separate, shorter deadline for the landlord to return or itemize the deposit — that landlord deadline is set by your state's landlord-tenant statute, not shown here, so confirm it with your court or state consumer/housing agency.

Written contract: 6 years (HRS § 657-1)

Answering a lawsuit: No written answer is required. The defendant may verbally admit or deny the claim at the trial date. The defendant must be served at least 48 hours before the trial date.

Serving the defendant: The plaintiff serves the Statement of Claim and Notice on the defendant by registered/certified mail (restricted delivery, return receipt requested), by the sheriff, by any non-party over age 18, or by the plaintiff personally with the defendant's signed acknowledgment or a witness; service must reach the defendant at least 48 hours before the trial date.

Appeals: There is no right to appeal a small claims judgment; the judge's decision is final.

This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: Hawaii State Judiciary - Small Claims (overview). Last reviewed 2026-06-23.