Hawaii Late Rent Fee Laws: Limits, Grace Periods, and Penalties
What Hawaii landlords can charge when rent is late, how long they must wait, and what an illegal fee costs. Last reviewed 2026-08-16.
How much can a landlord charge in Hawaii?
Hawaii Revised Statutes § 521-21(f) states that where the rental agreement provides for a late charge payable to the landlord for rent not paid when due, the late charge shall not exceed eight per cent of the amount of rent due. On $2,000 rent the maximum late charge is $160. The statute measures the 8% against the amount of rent due, so if a tenant pays part of the month's rent on time, the cap is 8% of the unpaid balance rather than 8% of the full monthly rent. There is no separate daily-fee allowance: a per-day charge is lawful only if the total for the month stays inside the 8% ceiling. Anything above the ceiling is simply not collectible.
How late does rent have to be?
HRS § 521-21(b) makes rent payable at the time and place the parties agreed, with no waiting period built in, so a late charge may attach the day after rent is due. Any grace period must be written into the rental agreement.
Does the fee have to be in the lease?
Section 521-21(f) applies only 'where the rental agreement provides for a late charge,' so without a written late charge term there is no fee to collect. State the amount or percentage and confirm it stays at or below 8% of rent due.
What happens if you charge too much?
A late charge above 8% exceeds what the Residential Landlord-Tenant Code allows and cannot be enforced to that extent; a tenant can refuse the excess, raise it as a defense in a summary possession case, or sue to recover overcharges in district court or small claims (jurisdiction up to $5,000). Landlords who keep billing an over-cap fee also risk having it treated as an unlawful demand in mandatory eviction mediation.
Returned payment fees
HRS § 490:3-506.5 allows the payee of a dishonored check to assess a service charge of not more than $30. Under HRS § 490:3-506 the landlord may additionally pursue a civil action for treble damages after proper written notice and a 30-day cure window.
Recent changes to the law
No change. The 8% cap in HRS § 521-21(f) has been in force unchanged through the 2024, 2025, and 2026 sessions.
What Hawaii landlords get wrong
Hawaii is one of the few states with a hard percentage cap, so the compliance job is arithmetic, not judgment. Recalculate the 8% ceiling every time rent changes, and note the statute keys off the amount of rent due, not the contract rent — a partial payment shrinks the maximum fee. Chapter 521 does not cover every arrangement: transient accommodations under 30 days, owner-occupied situations where the tenant shares the landlord's living quarters, and certain condominium and co-op arrangements sit outside the Code, so the 8% cap does not automatically follow. Rent increase notice is 45 days for month-to-month tenancies, which is unrelated to late fees but is the other Hawaii rule small landlords most often miss.
The law itself
Frequently asked questions
What is the maximum late fee in Hawaii?
Eight percent of the rent due, under HRS § 521-21(f). On $1,500 rent the ceiling is $120; on $3,000 rent it is $240. The cap covers the entire month's late charge, so a daily fee is only lawful if the monthly total stays at or under 8%. A landlord cannot exceed the cap by renaming the charge an administrative or processing fee.
Is Hawaii's 8% late fee based on total rent or unpaid rent?
The statute says eight per cent of the amount of rent due, which means the unpaid balance. If rent is $2,000 and your tenant pays $1,200 on time, the maximum late charge is 8% of the remaining $800, or $64 — not 8% of $2,000. Landlords who always bill 8% of full contract rent are overcharging on partial payments.
Does Hawaii require a grace period before a late fee?
No. HRS § 521-21(b) makes rent payable at the time agreed, and no statute forces a landlord to wait before assessing the late charge. If the lease says rent is due on the first, an 8% charge can be assessed on the second. Many Hawaii leases include a three to five day grace period as a courtesy, but that is a contract term.
What can a tenant do if a Hawaii landlord charges more than 8%?
You do not owe the excess. Write to the landlord citing HRS § 521-21(f), show the correct calculation, and request that the overcharge be credited or refunded. If they refuse, you can raise it as a defense in a summary possession case, bring it up in Hawaii's mandatory eviction mediation, or file in small claims court for amounts up to $5,000.
Keep reading
Charging the wrong late fee can cost you more than the rent.
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Start Free TrialThis page is general information, not legal advice. Statutes change — verify against the official text linked above or consult a local attorney before acting.