First Month, Last Month, Fees and Other Up-Front Charges in Hawaii
Before you move in you may be asked for a deposit, the first and last month’s rent and fees. Here is how Hawaii’s deposit statute limits what a landlord may require at the start and what to get in writing.
Is the first month’s rent a security deposit?
No. The statute allows the landlord to require, at the beginning of a rental agreement, only the money for the first month’s rent and a security deposit (HRS 521-44(b)). The first month’s rent is rent and is outside the cap.
Can a landlord ask for last month’s rent in advance?
Not as a separate payment: the landlord may not require or receive any other money at the beginning of the agreement. No part of the deposit counts as payment of the last month’s rent unless the landlord and tenant mutually agree in writing and the tenant gives 45 days’ notice of vacating; an agreement does not waive the landlord’s right to pursue damages (521-44(b)).
What about application fees and other fees?
The deposit section does not mention application fees. Because it limits what a landlord may require or receive at the start of a rental agreement, ask what any fee covers and under which law, keep the receipt and talk to the Office of Consumer Protection if you are unsure.
Can the landlord require postdated checks?
No. The landlord shall not require the delivery of any postdated check or other negotiable instrument for payment of rent (521-44(e)).
What about late fees?
The deposit section lets the landlord keep a deposit for unpaid rent but does not set a late fee. Check your lease and the Code before agreeing to a late charge. See the Hawaii eviction notice calculator for what happens when rent is late.
A pre-signing checklist
Ask for the total move-in cost in writing; ask what each line is for; add the deposit and any pet deposit and compare each with one month’s rent using the Hawaii security deposit limit calculator; get a receipt for each payment; and photograph the unit.
How common up-front payments are treated
| Payment | Treatment | Cap |
|---|---|---|
| First month’s rent | Allowed at the start | Outside the cap |
| Security deposit | Up to one month’s rent | Capped |
| Pet deposit | Up to one more month, for a pet | Capped |
| Last month in advance | Not allowed as extra money | Only by written agreement and 45 days’ notice |
| Postdated checks | Not allowed | Cannot be required |
The table summarizes HRS 521-44(b) and (e) as described above, not any particular lease.
Why the rule is so narrow
The statute says the landlord may not require or receive, at the beginning of a rental agreement, any money other than the first month’s rent and a security deposit as the section provides. That is a ban on a long list of extra charges that landlords elsewhere take for granted: a separate last-month payment, a nonrefundable move-in fee or a cleaning fee collected up front. A tenant who is asked for any of them should ask the landlord to name the law it relies on.
When the deposit can serve as the last month’s rent
Only if the landlord and tenant agree in writing and the tenant gives 45 days’ notice of vacating. Even then the landlord keeps its right to pursue damages the tenant causes. Without that written agreement and notice, a tenant who skips the last month’s rent expecting the deposit to cover it is in default and invites a nonpayment notice.
Keep every receipt
Ask for a written receipt for each payment, with what it is for, and keep it with the lease so you can show later what you paid and when.
Where to get help
The Office of Consumer Protection can explain whether a charge is allowed. Bring the lease, every receipt and the landlord’s written request.
Frequently asked questions
Is the first month’s rent part of the deposit in Hawaii?
No. It is rent.
Can a landlord ask for last month’s rent in advance?
Not as extra money at move-in.
Can a landlord require postdated checks?
No.
Is there a cap on application fees in Hawaii?
The deposit section does not address them; ask the Office of Consumer Protection.
Can the deposit be used as the last month’s rent?
Only by written agreement and 45 days’ notice.
Official sources
A local landlord-tenant attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Hawaii statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Hawaii attorney.