Ask a Landlord-Tenant Question, Get an Answer ASAP!
Hello RonaThis is Samuel. The law in Hawaii under 521-44 (c) states the following:"...shall be returned to the tenant not later than fourteen days after the termination of the rental agreement ..."So in your situation, it would be 14 days after the Court Order Eviction was signed. Check with the clerk of the court for that date.
As to your legal recourse, the law continues and states:"If the landlord does not furnish the tenant with the written notice and other information required by this subsection, within fourteen days after the termination of the rental agreement, the landlord shall not be entitled to retain the security deposit or any part of it, and the landlord shall return the entire amount of the security deposit to the tenant. A return of the security deposit or the furnishing of the written notice and other required information in compliance with the requirements of this subsection shall be presumptively proven if mailed to the tenant, at an address supplied to the landlord by the tenant, with acceptable proof of mailing and postmarked before midnight of the fourteenth day after the date of the termination of the rental agreement or if there is an acknowledgment by the tenant of receipt within the fourteen-day limit. All actions for the recovery of a landlord's complete or partial retention of the security deposit shall be instituted not later than one year after termination of the rental agreement."And so I suggest to get your money back, you would need to file in small claims court and that can be done without a local attorney.
Or, of course, you can have a local attorney write the landlord a letter, cite the law and make a demand for the money to be returned, including your April rent since the eviction was in March and see what the LL does.
Please let me know here if you have other questions or need clarification. Otherwise a Positive rating ensures i get credit for my time.