HRS §521-75
When a court can refuse to enforce an unfair rental agreement
If a court finds that a rental agreement or a part of it was shockingly unfair when it was signed, the court can refuse to enforce it, enforce the rest without the unfair part, or limit the unfair part. Both sides get a chance to present evidence about the agreement. An act allowed by this law is not automatically unfair.
courtslandlordstenants
The statute, as written — 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.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.