521-35  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.

Terms Used In Hawaii Revised Statutes 521-35

  • Landlord: means the owner, lessor, sublessor, assigns or successors in interest of the dwelling unit or the building of which it is a part and in addition means any agent of the landlord. See Hawaii Revised Statutes 521-8
  • Rental agreement: means all agreements, written or oral, which establish or modify the terms, conditions, rules, regulations, or any other provisions concerning the use and occupancy of a dwelling unit and premises. See Hawaii Revised Statutes 521-8
  • Tenant: means any person who occupies a dwelling unit for dwelling purposes under a rental agreement. See Hawaii Revised Statutes 521-8

     (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.