Haw. Rev. Stat. § 521 § 521-31
Waiver; agreement to forego rights; settlement of claims.
Operative Text
(a) Except as otherwise provided in this chapter, a tenant or landlord may not waive or agree to forego rights or remedies under this chapter. (b) A claim by a tenant against a landlord for violation of this chapter or a claim by a landlord against a tenant for default or breach of duty imposed by this chapter, if disputed in good faith, may be settled by agreement. (c) A claim, whether or not disputed, against a tenant or landlord may be settled for less value than the amount claimed. (d) A settlement in which the tenant or landlord waives or agrees to forego rights or benefits under this chapter is invalid if the court, as a matter of law, finds the settlement to have been unconscionable at the time it was made. The competence of the tenant or landlord, any deception or coercion practiced against the tenant or landlord, the nature and extent of the legal advice received by the tenant or landlord, and the nature and value of the consideration are relevant to the issue of unconscionability. [L 1972, c 132, pt of §1; gen ch 1985]
Hawaii Revised Statutes § 521-31 establishes that neither landlords nor tenants can simply sign away the rights and remedies granted to them under Hawaii's Residential Landlord-Tenant Code, with limited exceptions stated elsewhere in the chapter. However, when a genuine dispute arises, the parties are permitted to reach a negotiated settlement, and any claim may be resolved for less than the full amount originally sought. A settlement that involves waiving statutory rights can be voided by a court if it is found to have been unconscionable when made, with factors such as deception, coercion, the parties' competence, and the adequacy of legal advice all bearing on that determination.
Plain English — not legal advice.
Under Haw. Rev. Stat. § 521-31, operators who manage residential rental properties in Hawaii generally cannot include lease clauses that strip tenants of their statutory rights, as such provisions are unenforceable. When a legitimate dispute arises, a compliant operator may negotiate a good-faith settlement and may agree to accept less than the full claimed amount. Operators who enter into settlements involving any waiver of statutory rights should be aware that a court may later scrutinize whether the agreement was fair at the time it was made, considering factors like the consideration exchanged and whether any party lacked adequate legal guidance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Haw. Rev. Stat. § 521-31 protects tenants by making it generally unenforceable for a lease or agreement to strip away the rights and remedies provided under Hawaii's Residential Landlord-Tenant Code. Tenants who have entered into a settlement with a landlord may have grounds to challenge that agreement in court if it involved waiving statutory rights and was unconscionable at the time — for example, if it was reached through deception or coercion, or without meaningful legal advice. Tenants who believe a settlement or lease clause improperly waived their rights under § 521-31 may wish to contact a tenant-rights organization or seek guidance from a legal aid office to understand the options available to them.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 23, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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