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Housing & Tenant · Rent Late Fees

Rent Late Fee Limit in Hawaii

The most a landlord can charge you for paying rent late in Hawaii, the grace period you may be owed, and what to do about an unfair fee, cited to the statute.

Confirmedagainst §521-21(f) · checked against a mirror of the official code (Cornell LII / Justia)Reviewed by Cholilurrohman · July 2026
Most a late fee can be · Hawaii
8% cap, no grace period
Hard cap
Hawaii caps a late charge at 8 percent of the rent due under HRS 521-21(f), the highest statutory cap of any state, and requires no grace period at all.
Maximum late fee8% cap, no grace period
Grace periodNone set by statute
Must be in the leaseYes
Statute§521-21(f)

The cap and the grace period in Hawaii

The most a late fee can be, when it can be charged, and whether it has to be in your lease.

Maximum late feeA late charge may not exceed 8 percent of the amount of rent due. That is the most landlord-favorable percentage cap of any state, well above the 5 percent several states settled on. It is measured against the rent due. The cap applies only where the rental agreement provides for a late charge, so a Hawaii renter whose lease is silent owes no late fee at all, no matter how late the rent is.
Grace periodNo statutory grace period. A late fee can be charged the day after rent is due if the lease provides for it.
Must be written in the leaseYes. A late fee that is not in your signed lease generally cannot be charged.
Local ordinanceHawaii county ordinances should be checked, but the state figure of 8 percent is the operative cap.
How it is enforcedThe subsection read does not price a penalty for overcharging, so a fee above 8 percent is enforced by disputing it as exceeding the statutory cap, in a rent action or as a defense. The strongest Hawaii point is upstream: if your lease does not provide for a late charge, none can be charged.
StatuteHaw. Rev. Stat. §521-21(f)
Recent or pending change

Chapter 521 has been amended in recent years on other sections, so confirm the current text of 521-21(f) before relying on the exact wording.

What you can do right now

Concrete, neutral steps if a Hawaii late fee looks too high or came with no grace period. This is legal information, not legal advice.

  1. Check whether your lease provides for a late fee at all

    The 8 percent cap only applies where the rental agreement provides for a late charge. If your Hawaii lease is silent on late fees, the landlord cannot charge one, so read the lease first.

  2. Apply the 8 percent cap

    The fee cannot exceed 8 percent of the rent due. Work out 8 percent of your rent, and if the charge is higher, it exceeds the statutory ceiling.

  3. Expect no grace period

    Hawaii requires no grace period, so a fee can attach the day after rent is due if the lease allows it. Do not assume a buffer that the statute does not give.

  4. Get local help

    A local Hawaii legal aid office can confirm the fee against the cap and your lease. Search for legal aid in your area.

This is general legal information, not legal advice. Read your own lease and check for a local ordinance, since either can change the fee that applies to your home.

What Hawaii renters get wrong

Hawaii has a cap and it is the most generous to landlords found anywhere at eight percent, well above the five percent several states settled on. It also has no grace period, so a Hawaii fee can attach on day two. What saves the provision is its opening words. Under HRS 521-21(f) the cap applies where the rental agreement provides for a late charge, which means a Hawaii renter whose lease is silent owes nothing at all, no matter how late the rent is. So the first Hawaii question is not how big the fee is but whether the lease created it in the first place. If it did, the ceiling is eight percent of the rent due, and there is no waiting period before it can be charged. Because chapter 521 has been amended in recent years on other sections, confirm the current text before relying on the exact wording, but the shape is clear: a high cap, no grace, and a fee that only exists if the lease says so.

Common questions

Does my Hawaii lease actually provide for a late fee?

That is the key question. HRS 521-21(f) caps a late charge at 8 percent, but only where the rental agreement provides for one. If your lease is silent on late fees, the landlord cannot charge one at all, so read the lease before anything else.

Is 8 percent really the cap in Hawaii?

Yes. HRS 521-21(f) caps a late charge at 8 percent of the rent due, which is the highest statutory percentage cap of any state. A fee above 8 percent exceeds the ceiling and can be disputed.

Do I get any grace period in Hawaii?

Not by statute. Hawaii requires no grace period, so a late fee can be charged the day after rent is due if the lease provides for it. Do not assume a buffer the law does not give.

Is the 8 percent of the rent due or the whole month in Hawaii?

It is measured against the amount of rent due. The cap is 8 percent of the rent due, so the figure tracks what you actually owe for the period rather than a separate base.

Primary source
→ Haw. Rev. Stat. §521-21(f)
Hawaii Revised Statutes (HRS § 521-21, via FindLaw mirror) · codes.findlaw.com
Cholilurrohman
Every figure on this page is checked line-by-line against the current statute. Editorial standards →

Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.

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