Landlords in Hawaii wear many different hats, often including handyman, landscaper and more. The financial burden landlords take on are often complicated by tenants who fail to care for a home as if it is their own. The security deposit made at the time of signing the rental agreement can help cover tenant related damages, but there are limitations that landlords must be aware of.
Keeping the security deposit
The security deposit is intended to cover damage or problems that go beyond the normal wear and tear of life. For example, a landlord cannot keep the security deposit to replace an old toilet that needs replacing because of its age, but it can be kept if the toilet stopped working due to misuse. Other examples of when it is appropriate to keep the security deposit include:
- Broken walls
- Broken bathroom tiles or fixtures
- Tears, burn marks or holes in the carpet
- Animal stains
- Broken locks or doors
- Damage caused by misuse
Returning the security deposit
Landlords should always return security deposits to tenants who caused normal wear and tear. Items that need regular maintenance or replacing because of normal usage are not the tenant’s responsibility. The following do not call for keeping the deposit:
- Furniture indentations in the carpet
- Faded wallpaper or paint
- Rug wear related to normal use
- Wall dents from door handles
- Non excessive picture or pin holes
Tenants are not always pleased to learn that they will not be receiving their security deposits back. Including a clear list of expectations and conditions for the return of the security deposit within the leasing agreement can help prevent any misunderstandings between tenants and landlords. Crafting such an agreement can be tricky though, so landlords may want to first consult with an attorney who is experienced in Hawaii real estate law.