Hawaii Prohibited Lease Clauses
5 restricted clause typesOur Hawaii law database tracks 5 lease clause types that state law prohibits or restricts (4 illegal, 1 typically unenforceable). Even if you signed a lease containing one, an illegal or unenforceable clause is generally void — you have not waived the underlying right.
Educational information: generated from our Hawaii law database (last updated 2024-01-01). Not legal advice.
Clause types restricted by Hawaii law
Waiver of implied warranty of habitability
Likely IllegalLegal basis: Hawaii Revised Statutes Section 521-42
Waiver of tenant rights under Hawaii code
Likely IllegalLegal basis: Hawaii Revised Statutes Section 521-13
Confession of judgment clause
Likely IllegalLegal basis: Hawaii Revised Statutes Section 521-13
Nonrefundable security deposit
Likely IllegalLegal basis: Hawaii Revised Statutes Section 521-44
Late fee exceeding 8%
Often UnenforceableLegal basis: Hawaii Revised Statutes Section 521-21
Frequently asked questions
- What lease clauses are illegal in Hawaii?
- Hawaii law restricts 5 clause types tracked in our database, such as: waiver of implied warranty of habitability; waiver of tenant rights under hawaii code; confession of judgment clause.
- Is a lease still valid if it contains an illegal clause in Hawaii?
- Usually yes — the offending clause is void or unenforceable, but the rest of the lease typically remains in effect. You generally cannot be held to a clause that violates state law even if you signed it.
- Which law prohibits "waiver of implied warranty of habitability" in Hawaii?
- Hawaii Revised Statutes Section 521-42.
Check Your Lease Against Hawaii Law
Not sure whether your lease complies with Hawaii law? Upload it and our analyzer flags problem clauses — deposit terms, entry rights, fees and prohibited provisions — using the same statute-backed database this page is generated from.
Analyze My Lease FreeEducational tool — not legal advice. First analysis is free, no signup required.
More Hawaii lease law guides
- Hawaii rental lease laws — overview
- Hawaii security deposit limit
- Hawaii deposit return deadline
- Hawaii deposit interest rules
- Hawaii landlord entry notice
- Hawaii late fee laws
- Hawaii rent grace period
- Hawaii required disclosures
Prohibited Lease Clauses in other states
Educational information generated from state statute data — not legal advice. Consult a licensed attorney in Hawaii for your specific situation.