§521-31 Waiver; agreement to forego rights; settlement of claims. (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]
Structure Hawaii Revised Statutes
521. Residential Landlord-Tenant Code
521-2 Purposes; rules of construction.
521-3 Supplementary general principles of law, other laws, applicable.
521-4 Construction against implicit repeal.
521-6 Territorial application.
521-7 Exclusions from application of chapter.
521-9 Notice, notification, knowledge, etc.
521-10 Duties; obligation of good faith.
521-22 Term of rental agreement.
521-31 Waiver; agreement to forego rights; settlement of claims.
521-32 Separation of rents and obligations to property forbidden.
521-33 Landlord's waiver of liability prohibited.
521-34 Authorization to confess judgment prohibited.
521-37 Subleases and assignments.
521-38 Tenants subject to rental agreement; notice of conversions.
521-39 Medical cannabis; tenant use; eviction.
521-41 Landlord to supply possession of dwelling unit.
521-42 Landlord to supply and maintain fit premises.
521-43 Rental agreement, disclosure.
521-45 Limitation of landlord and management liability.
521-51 Tenant to maintain dwelling unit.
521-52 Tenant to use properly.
521-54 Tenant to use and occupy.
521-55 Tenant's responsibility to inform landlord.
521-56 Disposition of tenant's abandoned possessions.
521-61 Tenant's remedies for failure by landlord to supply possession.
521-62 Tenant's remedy of termination at beginning of term.
521-63 Tenant's remedy of termination at any time; unlawful removal or exclusion.
521-64 Tenant's remedy of repair and deduction for minor defects.
521-65 Tenant's remedies for fire or casualty damage.
521-66 Tenant's right to refund of rent, etc., on termination; return of security deposit.
521-67 Tenant's remedy for failure by landlord to disclose.
521-68 Landlord's remedies for failure by tenant to pay rent.
521-69 Landlord's remedies for tenant's waste, failure to maintain, or unlawful use.
521-71 Termination of tenancy; landlord's remedies for holdover tenants.
521-72 Landlord's remedies for improper use.
521-73 Landlord's and tenant's remedies for abuse of access.
521-74 Retaliatory evictions and rent increases prohibited.
521-74.5 Recovery of possession limited.
521-77 Investigation and resolution of complaints by the office of consumer protection.
521-80 Early termination of tenancy; victims of domestic violence.
521-81 Change of locks; victims of domestic violence.