Hawaii Late fees
Can a landlord charge a late fee in Hawaii, and how much?
Under HRS § 521-21(f), 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. Other subsections of § 521-21 address when rent is payable, a public-assistance due-date option, and rent-increase notice periods; those rules are not fully restated here. Example: if the rent due is $1,000 and the rental agreement provides for a late charge, that charge may not be more than $80.
Verified Source: HRS § 521-21(f) · last checked 2026-11-12
What this means for landlords
A late fee is meant to cover the cost of rent coming in late, not to punish the tenant. The verified rule above sets out what Hawaii allows. A fee that breaks the rule may not be collectable, and it can hurt you in an eviction case.
Step by step
- Put the late fee, the due date and any grace period in the written lease.
- Check that the amount fits the rule above.
- Apply the fee the same way to every tenant.
- Show late fees as separate line items on the tenant ledger.
- Give the tenant a written notice of the fee when you charge it.
Common mistakes to avoid
- Charging a fee that isn't in the lease.
- Setting the fee higher than the rule allows.
- Charging the fee before any grace period has passed.
- Adding daily fees that keep growing with no cap.
- Treating unpaid late fees as unpaid rent in an eviction notice.
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