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.