Haw. Rev. Stat. § 521 § 521-33
Landlord's waiver of liability prohibited.
Operative Text
A provision in a rental agreement exempting or limiting the landlord, or requiring the tenant to indemnify the landlord, from liability for damages to persons or property caused by or resulting from the acts or omissions of the landlord, the landlord's agents, servants, or employees, in or about the dwelling unit covered thereby or in or about the premises of which it is a part is void. [L 1972, c 132, pt of §1; gen ch 1985]
Under Hawaii Revised Statutes § 521-33, any clause in a rental agreement that tries to shield a landlord from responsibility for harm caused by the landlord's own actions—or the actions of the landlord's agents or employees—is legally void and unenforceable. This applies to damages to both people and property occurring in or around the rental unit or the broader premises. The rule means that no matter what a lease says, a landlord cannot contractually escape liability for their own negligence or misconduct.
Plain English — not legal advice.
Under Haw. Rev. Stat. § 521-33, lease clauses that attempt to limit or eliminate a landlord's liability for harm caused by the landlord, their agents, or employees are unenforceable as a matter of law. Compliant property operators generally avoid including such indemnification or liability-waiver language in their rental agreements, as doing so has no legal effect and may create confusion about tenants' rights. Reviewing lease templates with a qualified attorney to ensure they do not contain provisions that conflict with § 521-33 is a common practice among property managers operating in Hawaii.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Hawaii Revised Statutes § 521-33 protects tenants by making any lease provision that waives or limits a landlord's liability for their own wrongful acts legally void—meaning a tenant cannot be bound by such a clause even if they signed the lease. If a landlord attempts to enforce such a provision or deny responsibility for damages caused by their own actions or those of their employees, tenants may raise the unenforceability of that clause as a defense. Tenant-rights organizations in Hawaii and the state's Office of Consumer Protection can be useful resources for understanding how § 521-33 applies in general terms.
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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