Hawaii Revised Statutes · Tenant Claims · Reference Sheet

Statute of Limitations
Hawaii Tenant Claims

Know how long you have. The clock is ticking. Each type of claim against a landlord — deposit, injury, discrimination — has its own deadline. Miss it and the courthouse door closes, no matter how strong your case is.

A statute of limitations is the legal deadline for filing a lawsuit. After it passes, the court will dismiss your case regardless of merit. Hawaii sets different deadlines for different kinds of claims. The clock generally starts when the wrong occurred — or, sometimes, when you reasonably discovered it. If you have a potential claim against AMC LLC or any Hawaii landlord, identify which category it falls into and act well before the deadline. The cards below summarize the most common tenant-related deadlines.

Tenant Claim Deadlines at a Glance

Written Contract Claims
(deposit return, lease violations)
6 years
Clock starts: When the breach occurs (e.g., day 15 after termination of tenancy if deposit not returned under HRS §521-44).
HRS §657-1(1)
Oral Contract Claims
6 years
Clock starts: When the verbal agreement is breached. Harder to prove, same deadline.
HRS §657-1(4)
Personal Injury
(mold illness, slip-and-fall, etc.)
2 years
Clock starts: Date of injury, or date you discovered the injury and its cause (discovery rule).
HRS §657-7
Property Damage
2 years
Clock starts: Date of damage, or date of discovery for hidden damage.
HRS §657-7
Wrongful Eviction / Retaliation
2 years
Clock starts: Date of the retaliatory act or wrongful eviction. Treated as a tort claim.
HRS §657-7 (general tort)
Fair Housing Act Complaints
(file with HUD)
1 year
Clock starts: Date of the discriminatory act. Federal lawsuit deadline is 2 years.
42 U.S.C. §3610 / §3613
Hawaii Civil Rights Commission
(state housing discrimination)
180 days
Clock starts: Date of the discriminatory act. This is the shortest tenant deadline — act fast.
HRS §368-11
Small Claims Court
(any claim type)
Same as cause
Clock starts: Small claims uses the deadline of the underlying claim (e.g., 6 years for a deposit dispute).
HRS Chapter 633

When Does the Clock Start?

For most claims, the clock begins on the date the wrong occurred. But Hawaii — like most states — recognizes the discovery rule: if you couldn't reasonably have known about the harm at the time, the clock can start when you actually discovered (or should have discovered) the violation.

A common example: mold-related illness. You may have lived with hidden mold for two years before being diagnosed. Under the discovery rule, your two-year personal injury clock generally starts on the diagnosis date, not the move-in date. Discovery rule arguments are fact-specific and contested — document when and how you learned of the harm as carefully as you document the harm itself.

For a deposit claim under HRS §521-44, the clock is straightforward: it starts on day 15 after termination of tenancy if the deposit hasn't been returned with an itemized statement.

How to Stop the Clock (Tolling)

"Tolling" means pausing or restarting the limitations clock. In Hawaii, the clock can be tolled by:

  • Written acknowledgment by the landlord of the debt — for example, an email saying "we still owe you $1,200, will pay next month" can restart a contract claim clock.
  • Partial payment on the disputed amount, which is treated as acknowledgment.
  • Filing the lawsuit itself — once the case is filed in court, the limitations period stops running for that claim.
  • Defendant's absence from the state — under HRS §657-18, the clock may pause while the defendant is outside Hawaii and not subject to service.

Note: filing an administrative complaint (e.g., with the Attorney General) does not automatically toll the clock for a court lawsuit. Don't let an AG complaint run out your court deadline.

Common Mistakes

  • Assuming the clock resets on each new violation. It doesn't always. For a continuing violation, courts may treat each instance as separately actionable — but the deadline for the earliest instance still expires first.
  • Trusting verbal extensions. A leasing agent saying "we'll get to your deposit eventually" does not legally extend your filing deadline. Get any extension in writing, signed.
  • Missing court deadlines while an AG complaint is pending. Administrative complaints are a parallel track, not a substitute. Keep your court calendar regardless.
  • Confusing federal and state deadlines. HUD complaints are 1 year; HCRC complaints are 180 days. They are not interchangeable.
  • Waiting for the landlord to "make it right." Hope is not a legal strategy. File first, settle later if possible.

Quick Checks

Run through these questions. If any answer is "yes," you may still have time to file:

  • Did you move out within the last 6 years? (Deposit and written-contract claims may still be live.)
  • Was the deposit due back within the last 6 years?
  • Did a habitability problem cause illness or injury within the last 2 years?
  • Has it been less than 1 year since the discriminatory act? (HUD federal Fair Housing.)
  • Has it been less than 180 days since the discriminatory act? (Hawaii Civil Rights Commission.)

If you're close to a deadline, don't wait. Filing preserves the claim — you can always negotiate or withdraw later.

Talk to someone before the clock runs out.

If you're unsure which category your claim falls into, or how close you are to a deadline, get a free consultation:

Related guides on this site: Hawaii Small Claims Court walkthrough · Demand Letter Template · Contact / Tip Line