Haw. Rev. Stat. § 521 § 521-75
Unconscionability.
Operative Text
(a) In any court action or proceeding with respect to a rental agreement, if the court as a matter of law finds the agreement or any provision of the agreement to have been unconscionable at the time it was made the court may refuse to enforce the agreement, or it may enforce the remainder of the agreement without the unconscionable provision, or it may so limit the application of any unconscionable provision as to avoid any unconscionable result. (b) If it is claimed or appears to the court that the rental agreement or any provision thereof may be unconscionable the parties shall be afforded a reasonable opportunity to present evidence as to its setting, purpose, and effect to aid the court in making the determination. (c) For the purposes of this section, an act or practice expressly permitted by this chapter is not in itself unconscionable. [L 1972, c 132, pt of §1]
Hawaii Revised Statutes § 521-75 gives courts the authority to address rental agreement terms that were unfair or oppressive at the time they were formed. When a court finds a provision unconscionable, it may throw out the entire agreement, remove only the offending clause and enforce the rest, or narrow the clause's application to prevent an unjust outcome. Both parties must be given a fair chance to present evidence about the context, intent, and effect of any challenged provision before the court makes its determination.
Plain English — not legal advice.
Under Haw. Rev. Stat. § 521-75, lease terms that appear one-sided or exploitative at the time of signing can be voided or modified by a court, even if a tenant initially agreed to them. Compliant operators generally review their rental agreements to ensure that all clauses reflect reasonable, mutually understood terms and do not impose conditions that a court might later find oppressive. Because § 521-75(c) clarifies that practices expressly permitted by Chapter 521 are not themselves unconscionable, operators who align their agreements with the statute's allowances are on stronger footing.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Haw. Rev. Stat. § 521-75 provides tenants with a legal basis to challenge rental agreement terms that were unconscionable when the lease was signed, whether in a lawsuit or as a defense in a proceeding brought against them. Under subsection (b), tenants have the right to present evidence about the circumstances, purpose, and effect of any disputed clause before a court rules on it. Tenants who believe a lease provision may be unconscionable may wish to consult a tenant-rights organization or legal aid service familiar with Hawaii landlord-tenant law to understand the options available under this section.
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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