§521-75 Unconscionability. (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]
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.