If the Landlord wrongfully kept the deposit, the Tenant has several options to try to get the Deposit back. Each option has advantages and disadvantages. It is up to the Tenant to decide which option is best based on the facts of the situation and his/her energy level.
Remember, the statute of limitation for a Security Deposit claim is ONE YEAR. This means that after one year, the Tenant's claim can no longer be resolved in court.
The following are options the Tenant may use to get back the Security Deposit:
1. Writing the Landlord a Demand Letter
Write the Landlord a nicely-worded, professional letter stating when the Tenant moved out and that under state law, Tenant is entitled to the security deposit because rent is all paid, keys were returned, and the unit was left in better or the same condition as when it was moved in. Give the Landlord a date by which to return the Deposit and indicate any other action the Tenant may consider taking if this deadline is not met (for example, taking Landlord to court).
The letter should be brief and to the point. Remember to keep a copy and include the date, return address, a brief history of the situation, and a statement of what the Tenant wants from the Landlord and by when.
Here is a link to a self-help interview format made by Legal Aid Society of Hawai'i to help the Tenant write a Demand Letter:
http://www.lawhelp.org/hi/resource/self-help-form-security-deposit-demand-letter
Also check below for an attachment of a Sample Demand Letter.
The advantages of writing the letter are that if the Landlord sends back the deposit, the problem is solved quickly and cost-effectively. Also, even if the Landlord does not send back the deposit, the letter can be used in a court setting to help the Tenant prove his/her case. The disadvantage are that the Landlord may not repay the deposit and may begin collecting information on ways to defend and counter-sue based on what is revealed in the letter.
2. Try Mediation
In mediation, a neutral third person will meet with the Landlord and Tenant, and work with both to find a solution that meets both their needs. Contact a mediation services program on the island to set up a mediation session. The mediation center will call the Landlord and urge him/her to attend a meeting with the Tenant and the mediator to settle the dispute. If mediation works, it is a cheap way to resolve the dispute. The disadvantage is that the Landlord must be willing to attend the mediation session; he/she is not obligated to go.
| Oahu |
Mediation Center of the Pacific |
(808) 521-6767 |
| Maui |
Mediation Services of Maui, Inc. |
(808) 244-5744 |
| Hilo |
Waiakea Settlement YMCA |
(808) 935-7844 |
| Kona |
West Hawai'i Mediation Services |
(808) 885-5525 |
| Kauai |
Kauai Economic Opportunity |
(808) 245-4077 |
| Molokai |
Mediation Center of Molokai |
(808) 553-3844 |
3. Sue the Landlord in Small Claims Court
Small Claims Court offers a less formal setting before a judge to settle the slaim. In a Security Deposit dispute, neither party can be represented by an attorney. Be aware however that although this is the law, many judges do not remember or enforce it. It is a good idea to bring with you a copy of this law to the judge if the other party has an attorney.
In court, facts can be stated and judged on their merit in a court setting, and any decision by the judge is final. However, as with any option, there are "down" sides. It is somewhat time-intensive; there is a minimal filing fee; even if you win you may still have to file other court papers to collectiving that money; and/or the landlord could counter-sue for money.
To file in Small Claims Court, go to the District Court on your island, get court forms from
http://www.courts.state.hi.us/self-help/courts/forms/court_forms.html.
You may also see a more detailed instructions in the Legal Aid brochure: "Security Deposits - Filing and Representing Yourself in Small Claims Court." See below for the attachment of this brochure.
