Hawaii Rent Late Fee Limit: 8% of Rent Due (2026)

Use the amount of rent due as the percentage base

Section 521-21(f) caps the late charge at 8% of the amount of rent due. For calculator use, identify the rent amount that was due for the payment being reviewed and enter 8% as the ceiling benchmark.

Do not automatically add utility charges, deposits, returned-payment charges or other ledger items to the rent base merely because they appear on the same statement.

The rental agreement must provide for the late charge

The statute begins with the condition that the rental agreement provides for a late charge payable to the landlord for rent not paid when due. Preserve the executed agreement and any renewal or amendment that contains the fee term.

Check whether the 2017 cap applies to the agreement

Act 179 took effect November 1, 2017 and states that the amendment applies to rental agreements entered into on or after that date and to rental agreement renewals entered into on or after that date.

For a very old agreement that has never been renewed since before November 1, 2017, do not assume the amendment applies without checking the agreement history and other applicable law.

Do not invent a grace period from the 8% subsection

HRS § 521-21(f) supplies the amount ceiling but does not itself create one universal statewide number of grace days before every residential late fee. Use the contractual due date and any separate applicable timing rule instead of preloading a grace period into the calculator.

Documents to compare

• Executed rental agreement and any renewal showing the late-charge term.
• Agreement start or renewal date, especially around November 1, 2017.
• Rent amount due for the delinquent payment.
• Payment confirmation or bank record.
• Resident ledger showing the exact late-fee amount and posting date.
• Separate utility, returned-payment or other charge lines that should not be silently folded into the rent base.

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