A Hawaii rental application is an essential part of the screening process for landlords trying to find reliable candidates before offering them a lease agreement.
Laws
- Application Fee – Non-refundable.
- Fee Limits – No limits (no statute).
- Security Deposit – Cannot exceed one month’s rent.
Application Fee
- Rental applicants typically pay a rental application fee that covers the necessary background checks and administrative expenses.
- Hawaii has no statutory provision for how much a landlord can charge as an application fee. Still, the fee should be reasonable and proportionate to the cost of screening process.
Fair Housing Protections
- Landlords cannot refuse to engage in a real estate transaction with someone based on race, sex (including gender identity or expression), sexual orientation, color, religion, marital status, familial status, ancestry, disability, age, or HIV infection. [1]
- It is discriminatory to misrepresent the availability of real property for inspection, sale, rental, or lease, or fail to present a property listing.
Security Deposit Limits
- Landlords cannot use the security deposit for the last month’s rent unless both parties have agreed in writing and the tenant provides 45 days’ notice to the landlord before moving.
- A landlord who keeps part or all of a security deposit must notify the tenant in writing why they retained the money. The itemized notification must occur within 14 days of the tenant moving out and include relevant receipts for any work done on the property due to the tenant’s default. Failure to comply means the landlord must return the deposit amount to the tenant. [2]
Pet Deposits
The maximum amount that a landlord may charge for a security deposit includes any additional deposits the property owner may require, including pet deposits. Service animals are exempt from any additional charges.
Sample
