Late Rent Fees · Hawaii
Late rent fees in Hawaii
The cap is 8% of the amount of rent due. There is no mandatory grace period.
Maximum fee
8% of the amount of rent due
The 8% cap took effect 1 November 2017; the legislature's conference committee chose 8% over the 10% originally proposed. No statutory grace period. Only available if the rental agreement provides for it.
“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”
Mandatory grace period
None required
“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”
What the percentage applies to
The 8% cap took effect 1 November 2017; the legislature's conference committee chose 8% over the 10% originally proposed. No statutory grace period. Only available if the rental agreement provides for it.
This matters more than it sounds. Where a cap is a percentage of the past-due or unpaid amount rather than full monthly rent, a tenant who pays most of the rent shrinks the lawful fee at the same time. Colorado and Maryland are both written that way, and a landlord applying the percentage to full rent after a partial payment is overcharging.
A fee above the cap is void, not reduced
Statutory caps are mandatory, and a tenant’s signature does not cure an unlawful clause. Several states go further and attach a penalty to charging one: Colorado imposes $50 per violation, and Maryland makes the clause unenforceable and exposes the landlord to the tenant’s actual damages and legal fees. This is not a “worst case, they just don’t pay it” situation.
Watch out for the wrong statute
If you search for your state’s late fee limit you will very likely be told it is “$20 or 20% of monthly rent, whichever is greater”. In nine states that rule is real, but it sits in the self-service storagestatute, not residential landlord–tenant law. It does not govern a house or an apartment. Two other widely-quoted figures — Arizona’s “$50 or 5%” and North Dakota’s 8% — come from bills that never passed. The comparison page explains which is which.
Other states with a null-day grace period
Common questions
- How much can a landlord charge for a late fee in Hawaii?
- 8% of the amount of rent due, under HRS 521-21(f). A fee above the cap is void and unenforceable even if the tenant signed the lease. The 8% cap took effect 1 November 2017; the legislature's conference committee chose 8% over the 10% originally proposed. No statutory grace period. Only available if the rental agreement provides for it.
- Does Hawaii require a grace period before charging a late fee?
- No. Hawaii imposes no statutory grace period, so a fee may be charged as soon as rent is late if the lease provides for it. Many landlords still allow 3–5 days as a matter of practice.
- Can I charge a late fee if it is not in the Hawaii lease?
- No. In virtually every state a late fee is only enforceable if the signed lease states it — the amount, when it applies, and any grace period. If the lease is silent you cannot impose one mid-tenancy without an amendment both parties agree to.
Check your fee against the law automatically
Pacific Rentals Pro warns you when a lease’s late fee exceeds the state cap or its grace period falls below the statutory minimum — using exactly the Hawaii rule on this page.
Start free →Read against the cited sources on November 6, 2026. Authority: HRS 521-21(f). General information about Hawaiilaw, not legal advice — statutes change and local ordinances can add caps the state does not.