What can a landlord charge for a rental application in Hawaii?

Verified August 26, 2026 All Hawaii topics →

Hawaii regulates rental application fees directly: a landlord or the landlord's agent may charge an application screening fee, but only to cover the cost of obtaining information about the applicant, and only from an applicant who is eighteen or older or an emancipated minor.

Cited to HRS 521-46 (a) and 15 more cited sources · Verified August 26, 2026

There is no dollar cap, and the fee may be charged only at the time the application is processed. Any part of the fee not used for those costs must be returned within thirty days after the landlord submits the screening requests, and on the applicant's request the landlord must give a receipt and a breakdown of the costs the fee covers. Hawaii does not require a landlord to disclose screening criteria or the basis for the fee before taking the money, does not add a state denial notice to the federal one, does not require a landlord to accept a screening report an applicant already paid for, and sets no fine or damages for charging more than the law allows.

Hawaii application & screening fees at a glance

Application fee cap

No dollar cap, but the fee may cover only the costs of obtaining information about the applicant. A landlord or the landlord's agent may charge it at the time the application is processed, and only from an applicant who is eighteen years of age or older or an emancipated minor.

Section 521-46 authorizes the fee once the landlord or the landlord's agent receives a request from an applicant to rent a dwelling unit. The statute sets no maximum figure; the ceiling is what it actually costs to obtain information about the applicant, and anything above that must go back to the applicant. The section was added by Act 200, Session Laws of Hawaii 2023, and has applied since May 1, 2024. Section 521-44 separately limits money taken at the start of the rental agreement itself, which is a different moment from the application.

Fee limited to actual screening cost Yes
Screening charge rules

The fee may be charged only after the landlord or the landlord's agent receives a request from an applicant to rent a dwelling unit, only at the time the application is processed, and only from an applicant who is eighteen or older or an emancipated minor. The information the fee may pay for is personal reference checks, tenant reports, criminal background checks, and credit reports produced by a consumer credit reporting agency.

The terms consumer credit reporting agency and credit report carry the meanings given in section 489P-2. The statute does not limit a landlord to one fee per applicant, does not require the landlord to actually order the reports, does not require a vacancy before the fee is taken, and does not require a written agreement before payment.

Receipt required Yes
Refund required in some circumstances Yes
Refund rules

The unused part of the fee must be returned. Any amount not used for the screening purposes the statute authorizes goes back to the applicant within thirty days after the landlord has submitted the screening requests.

The thirty-day clock runs from the moment the landlord submits the screening requests, not from the date of the application or the leasing decision. The statute names no other refund trigger, so it does not by its terms address an applicant who withdraws, a unit rented to someone else, or a landlord who never orders the reports, and it specifies no method for making the refund.

Disclosure before collecting No statutory disclosure duty
Denial-notice duties (state law) No state statute — federal fair-credit duties still apply
Reusable screening reports No statute on reusable screening reports
Holding deposits

Hawaii has no separate holding deposit statute, but it does limit the money that may change hands: a landlord may not require or receive from or on behalf of a tenant, at the beginning of a rental agreement, any money other than the first month's rent and a security deposit as provided by the security deposit section.

That limit in section 521-44 is what bounds any payment taken to hold a unit as the tenancy begins. The code sets no cap, written statement duty, or disposition rule of its own for money collected to reserve a unit before the rental agreement starts, and it does not use the term holding deposit. Section 521-46 separately permits an application screening fee at the application stage, so the screening fee and the money limit in section 521-44 operate at different points.

Rental fee-transparency rules No rental fee-transparency statute
Penalty for violation No specific statutory penalty

Cite this page: "Landlord Atlas, Hawaii Application & Screening Fee Laws (verified August 26, 2026), landlordatlas.com/laws/application-fees/hawaii/" — free to cite and quote with a link (how these records are verified). Everything above is cited in the citations section below.

Notes and caveats

Common questions: Hawaii application & screening fees

Each answer is the verified value from the table above, restated as a direct answer. Free to quote with a link to this page.

How much can a landlord charge for a rental application fee in Hawaii?
No dollar cap, but the fee may cover only the costs of obtaining information about the applicant. A landlord or the landlord's agent may charge it at the time the application is processed, and only from an applicant who is eighteen years of age or older or an emancipated minor.
Does an application fee have to be refunded in Hawaii?
Yes — in Hawaii at least one circumstance requires application-stage money to be returned. The unused part of the fee must be returned. Any amount not used for the screening purposes the statute authorizes goes back to the applicant within thirty days after the landlord has submitted the screening requests.
Does a landlord have to give a receipt for an application fee in Hawaii?
Yes — Hawaii requires a receipt for application-stage money.
Does Hawaii have a reusable tenant screening report law?
No statute on reusable screening reports.
Can a landlord charge a holding deposit in Hawaii?
Hawaii has no separate holding deposit statute, but it does limit the money that may change hands: a landlord may not require or receive from or on behalf of a tenant, at the beginning of a rental agreement, any money other than the first month's rent and a security deposit as provided by the security deposit section.

Citations

How this record was verified: Direct read of chapter 521 of the Hawaii Revised Statutes, the Residential Landlord-Tenant Code, section by section as published by the Hawaii State Legislature, including section 521-46 on application screening fees, section 521-44 on security deposits, and section 521-43 on rental agreement disclosure; together with the definitions in section 489P-2 that section 521-46 adopts, the general consumer statutes in sections 480-2 and 481A-3, and the hotel and restaurant service charge rule in section 481B-14; plus a review of the Legislature's own measure records for the 2025 and 2026 Regular Sessions of the 33rd Legislature and of the enacting measure, Act 200, Session Laws of Hawaii 2023.