2017 Hawaii Revised Statutes
TITLE 28. PROPERTY
521. Residential Landlord-Tenant Code
521-75 Unconscionability.

Universal Citation: HI Rev Stat § 521-75 (2017)

[§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]

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