HRS §521-35
When tenants can be charged for legal costs
This section says a lease can make a tenant pay court costs and lawyer fees for unpaid rent, but only up to 25% of the unpaid rent after the landlord sends the case to an outside lawyer. It also allows a lease to say the winning side in other disputes gets reasonable lawyer fees. Any lease term that breaks these rules cannot be enforced.
landlordstenants
The statute, as written — Attorney's fees
(a) A rental agreement may provide for the payment by the tenant of the costs of a suit, for unpaid rent, and reasonable attorney's fees not in excess of twenty-five per cent of the unpaid rent after default and referral to an attorney not a salaried employee of the landlord or the landlord's assignee. (b) A rental agreement may further provide that reasonable attorney's fees and costs may be awarded to the prevailing party in all other matters arising under this chapter. (c) A provision in violation of this section is unenforceable.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.