QUESTION
How long you can legally hold a security deposit for repairs
Asked on Feb 06th, 2022 on Real Estate - Hawaii
More details to this question:
I live in Hawaii and am a landlord. I want to know how long a deposit can be withheld legally before repairs. I withheld $400 for the stain on a bathroom counter from my former tenant based on the reglazing estimate from the vendor. The new tenant moved in right after the former tenant moved out. Because of the conflict of the schedule, we have been postponing the repairs. Also, from personal experience, I figured that reglazing isn't the best way to fix the issue, so I wanted to cover up the stains with another material/method. This will cost more, so I hope that I can take time to plan this project carefully and use the $400 toward it at the best timing, maybe after the new tenants move out (about another six months). However, the previous tenant is persistently asking us to show the receipt of the repair, otherwise requests to return the $400. Can you advise me if I am obligated to show the receipts to my tenant and also how long I can legally hold a security deposit? Thank you
1 ANSWER
Consumer Bankruptcy Attorney serving Honokaa, HI
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Barbara L. Franklin, Esq. Attorney at Law
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You must provide an accounting of the security deposit within 14 days of the tenant vacating the unit. The written notice must specify the basis for the retention of the security deposit or any portion of it, including written evidence of the costs to remedy the damages caused by the tenant, including without limitation, invoices and receipts. Any balance of the security deposit remaining after deducting the damages shall be returned to the former tenant within 14 days of the expiration of the rental agreement. if you fail to perform this required notice, you may not retain any of the security deposit and the entire amount must be returned to the tenant. The tenant has one year to sue for recovery of the security deposit.
Answered on Feb 07th, 2022 at 11:10 AM