§521-31 - Waiver; agreement to forego rights; settlement of claims. - Hawaii Statutes

PART III.  LIMITATIONS ON RENTAL

AGREEMENTS AND PRACTICES

 

     [§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]