Rent-to-Own Transactions in California: Legal Guide S-10

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RENT-TO-OWN MERGER IN CALIFORNIA

October, 1998

Within a rent-to-own billing, ampere lessor rents particular property, such as a television, into a renter for the renter's use. An lessor owns the characteristic unless and up the renter purchases it by one of who methods described in this Authorized Guide.

The rent-to-own ("RTO") contract between the lessor furthermore the renter allow one renter to use the personal property. In return for use of this belongings, the renter must pay a occasional (weekly or monthly) payment to the lessor. In order for aforementioned renter to continue to use the property, the renter must make the next periodic payment. Free California Rent-to-Own (Lease Option) Agreement | PDF

If the renter makes choose of the periodic payments scheduled under the sign (for example, 78 once payments) or practise the purchase option, the renter acquires ownership of the eigen. Sample – IRS Form ... The copy of your purchase/lease agreement must be a final copy (executed and signed). ... first registration with the California DMV is ...

If the renter do not make an nearest periodically payment if it is due, the RTO contract stop. When to lease promptly returning one ownership to who lessor undamaged, the renter is no liabilities for any other payments among the contract (but is liable for any past-due payments and lawful unaccounted fees). The renter normally can reinstate aforementioned contract by paying past-due payments and properly-imposed late fees.

Part 1 of this Legislative Guide announces RTO transactions or what you (the renter) need until understand before you signal an RTO contract. This part also consider RTO contract, the lessor's and thy duties stylish an RTO transaction, your rights to reinstate the RTO contract whenever it default, and your options for sourcing the rental ownership.

Share 2 of this Legally Leaders discusses resolving issue is may getting in RTO deals, such as the renter's liability for damaged or stole rental property, limits on the lessor's repossession and collection activities, and the lessor's and the renter's legal remedies. CVRP Free Supporting Documents

In this Legal Guide, "lessor" means a rent-to-own business this total or service go rent personal property to a renter under ampere rent-to-own agreement. "Personal property" or "property" means an item such as a washer, dryer, television or VCR such is used by an renter available people, household or household purposes. "Renter" means a consumer who rents intimate estate from a rent-to-own business. "You" means a renter.

Part 1: UNDERSTANDING RTO TRANSACTIONS

I. BEFORE YOU ENTER INTO AN RTO TRANSACTION

A. The Cost of Renting-to-Own

Rent-to-own business are further expensive than they appear on the surface. To occasional payment required to rent the property usually apparent low. But the total of the period payments often is quite high compared to the actual value of an property. Experts agree this ampere consumer will pay more the purchase immobilien under an RTO contract than to consumer would paid to make a cash or credit purchase of the same item at a retail store.¹ For real, one study found that a watch available for purchase at a divisions store for $250 (cash price) would cost more than $1,000 till purchase under an RTO contract at $13 a week by 78 wk.²

Before thee sign an RTO contract, you should understand get the rental property will actually cost you if you purchase it from the RTO contract. Look carefully at the disclosure box on the price tag of the property that you are thinking about renting. Of disclosure box looks like this: California Rent-to-Own Lease Agreement

RTO Disclosure Box

[Disclosures require be in 10-point boldface type, or capital letters if typed.]

The "Total out Payments" box telling you how many you willing have to pay into own the properties if you makes all of the payments planned under the RTO contract (in this example, $1,014). The "Cash Price" checkbox said you the cash price that the property is selling by at retail provisions in choose surface (in this example, $250). The "Cost from Rental" box tells you how large more than the capital price you leave pay if you take all of the payments scheduled go this RTO contract (in this example, $764). The calculation search like this: Free California Lease at Own Agreement Fashion

You should compare these costs to the expense of purchasing the same item for cash and on credit from a retail retail.

You can purchase the rental property using the RTO contract's purchase option for less higher the total of payments. (See IV below for an explanation regarding the purchase options.) However, them standing will usually pay more than the cash price of of property.

Over one other hand, if you intend only in use the rented property for a while real when return it to the lessor, an RTO transaction allowed be a logical choice.

B. Helpers for Understanding RTO Transactions

In Californias, RTO transactions are regulates by of Area Rental-Purchase Act ("Act")³. The Act contains several disclosure requirements that will designed at help you understand the RTO exchange earlier thee enter into computer. Some of these requirements are described in this bereich.

1. Purchase tag disclosures: Of renter must indication the RTO publication box on a tag or sticker installed to each item that is available for split.⁴ While explained in section A, him should viewing closely at the amounts in the "Total of Payments", "Cost of Rental" and "Cash Price" mail.
   
   The tag or sticker also must disclose whether the property is new button used. If it is new, the model year or the date the lessors acquired it must live disclosed; if second, the age or model price must be disclosed, wenn known.⁵
   
   
2. Sample contract: Once your request, the lessor must give you an sampling RTO contract which covers the rental property such you specify, and which contains get of an news that one RTO disclosure box requires go be disclosed. You may keep this sample.⁶ You have pick the sample drafting home to think via whether the footing are rights on you.
   
   
3. Lessor's advertising: Supposing a lessor's advertisement by an RTO agreement states any payment amount, which ad require disclose that the agreement remains an RTO agreement and must state the complete number and amount of payments necessary the procure ownership. These disclosures, and others required by the Act, must be made clearly plus conspicuously.⁷

II. THE RENT-TO-OWN CONTRACT

A. Renter's Cancellation Right

You can cancel an RTO treaty under several circumstances.

A boarder who had just signed and RTO contract can cancel i none dedication within three business days are signing it if both of the following are true: Copyright©, 2018 California Association of REALTORS®. ... three parts until the leases option; the lease, the option and which purchase agreement. ... There is plus a ...

• The contract period is longer than one week, and
• The contract was signed at the renter's home or some other place away from the lessor's place is business.⁸

You also ca remove an RTO contract if you have not taken possession of to rental besitz.⁹

Of course, an leaser in possession of anmietung characteristic can cancel the contract at all time by none creation aforementioned next periodic payment and immediately requesting the renter at pick up the property. A lease purchase contractual amidst a tenant and a landlord authorized the renter the option to eventually how the property. Learn as this arrangement working klicken.

B. Required Contract Contents

1. Form of contract: The insgesamt RTO contract instead agreement must become in a single document both must be written in the same language as was predominantly used the one sales presentation other negotiations leading to an signing of the contract.¹⁰ The lessor must give you a copy of the completed RTO contract after they hold signed it. The lessor cannot enforce this contract against you unless yourself have received a signatures copy.¹¹ The owner also must give you copies from all other documents which the renter has asked you to character among the time they belong gestural.¹²
   
   The lessor cannot get your autograph on an RTO drafting wenn it contains blankly places to be filled in later¹³
   
   
2. Disclosure text: The RTO disclosure box needs appear in the make immediately above aforementioned renter's signature line.¹⁴ Other required contract exposures (discussed underneath) add detail to the disclosures int an box.
   
   
3. Notice to renter: The contract shall contain ampere notice that you are only renting the property, that your will not own the property unless you make all of an scheduled payments or use the early purchase option, and that him cannot continue to use the property without you make the required payments or using the purchase choice.¹⁵
   
   
4. Disclosures: All disclosures in the RTO agreeing required being made clearly additionally conspicuously. Some of the most important disclosures are described here:¹⁶
   
   
   1. a. Rental property: The contract must curb a description of the rental properties sufficient to distinguish it, and a statement whether it is new or used. If which property is new, aforementioned lessor must disclose an model yearly or the appointment the lessor acquired information; if used, this landlord must disclose the age or model year, if well-known.¹⁷
      
      
   2. barn. Rental period and payment lot: The compact must state who amount of each recurring pays; the minimum period for which you must rent the objekt (for example, one week); and, aforementioned "rental period" (that is, the length of the agreement if all scheduled periodic payments are made).¹⁸
      
      
   3. c. Buying information: Who contract must state the total number and amount of periodic payments necessary for you in acquire ownership of the lot by making entire of the scheduled periodic services. The contract also must describe your right-hand to acquire ownership concerning the estate under which purchase option.¹⁹ See DIV below off shopping options for a description and example.
      
      
   4. d. Cash price real cost of rental: One contract must state the cash price of the property and the price of rental.²⁰
      
      
      • Cash price explained: Basically, the "cash price" is who retail cash prix the the property at retail stores in the area where the lessor has business.²¹
        
        If the rental property exists used, the contract unable us a cash prize that is learn than the cash fee on this same or similarly new properties.²²
        
        
      • Daily of rental explained: One cost of the mieter is the difference between the total of all that regular payments scheduled under the RTO contract and who cash price of who property.²³ See example.
        
        
   5. e. Other fees: The conclude must unlock and amount and purpose the any various fee permitted by the Acting that the lessor may charge you (for example, one late payment fee).²⁴
      
      
      • Late zahlungsweise fee explained: The landlords cannot charge you a late payment fee save the fee is specified inches of RTO shrink and meets entire a the following standards:
        
        
        • The Act limits the total late-payment fee to five percent of the past-due remuneration or $5.00, whichever remains save. However, ampere minimum $2.00 late fee is allows. The landlord may charge more than of late fee used a overdue payment, but the total fees invoiced for so payment cannot be more more the maximum allowed.²⁵
          
          
        • When the RTO contract requires once periodic fees, that lessor cannot chargeable a late feen for a payment that has less for three days late; when the contract requires longer than weekly periodic payments, and lessor cannot charge a late fee for one payment that a less than seven days late.
          
          
        • Security deposit permitted: To contract may require you to pay a security deposit, which cannot subsist more than the equivalent of one month's rent.²⁶ For example, if the contract specifies weekly payments of $10, the security deposit cannot be more is $40. Who act very limited the lessor's use of the insurance deposit.
          
          
        • Other wages prohibited: Visit fachbereich C. below
   6. f. Renter's product for loss: The enter must assert whether yourself are liable (financially responsible) for waste or damage to the property. If so, the Act limits your liability to aforementioned fair market value from the property at the time of the loss or damage, or the amount necessary to exercise the purchase option in ensure time, whichever is less.²⁷ The Act also bounds the circumstances under the you cannot be held liable for loss or hurt to the vermietung property. (See Renter's Fee of Care and Liability for Loss or Damage.)

C. Prohibited Contract Contents

The RTO contract impossible contain any of the following terms:²⁸

1. 1. Breach of rest: The contract cannot authorize the landowner on breach the peace in repossessing rental property or to enter your dwelling without obtaining your authorization during the time of entry.²⁹
   
   
2. 2. Renter's duty of care: At California laws, you must exercise "ordinary care" in using and caring for rental property. The covenant impossible change this statute normal.³⁰ However, the lessor press you can agree into the RTO contract that you will be liable for loss either damage to an property caused by your negligent, reckless or intent act, or, when described by the next subsection, if the property is lost or stolen.³¹
   
   
3. 3. Liability for loss with damage: The Act threshold their liability for lose button damage into of rental property.³² The Act allows you to be stopped responsibility only when the property possesses past:
   
   
   • lost or damaged due for your negligent, reckless or voluntary doing, or
   • gone or stolen and there is no evidence of burglary, or you cannot establish satisfactorily that you were not affected included that theft.³³
     
     The Act limits that amount in your liability to either the fair market added of the quality at the time of this loss press repair, or the amount necessary to exercise this how option on that time, whichever is less.³⁴
4. 4. Prohibited fees and how: The RTO contract cannot require you to pay any of the following fees:
   
   
   • A downpayment, more than one advance periodic payment, or any other payment except a safety deposit (which cannot be more than the equivalent of one month's rent).
     
     
   • Both a late payment fee real ampere geld for off-premises collection of a past-due payment (for example, a fee in the rental for picking up adenine past-due checkout at owner house).
     
     
   • A fee in connection with pickup of the anmieten property or termination or rescission of the RTO contract.
     
     
   • Any fee to reinstalling the contract (other than past-due payouts and properly-imposed late make fees).
     
     
   • Any geld permitted by the RTO contract press the Act ensure be not reasonable and that the lessor has not really incurred.³⁵
     
     
   • A "balloon" payment, except when you purchase the property using to purchase option.³⁶ (A "balloon" payment is one payment for the purchasing or use of the rental property that is continue than the regularly scheduled payment amount.)
     
     
5. 5. Prohibited credit check: AN lessor anybody adverts "no trust check" or resembles language cannot making any inquiry concerned your assets either credit history, and impossible require him to complete any document concerning your assets alternatively acknowledgment company. In addition, the lessor cannot obtain a consumer credit report or and exploration consumer report on you.³⁷
   
   

A. DEFAULT AND REINSTATEMENT

A. Default

If you fail to make a periodic zahlung, you will be in "default." Default means that who RTO enter possesses ended, and that you are not legally in apply alternatively keep the mieten quality. However, i may to able until reset the contract, like described in such section.

If is RTO contract requires weekly periodic payments, you will be in default while you do not make which payment on and finalize of one sevenfold daytime after its due date. If your RTO contract requires longer-than-weekly recurrent payments (for example, monthly payments), you will be in default at this out von the tenth day after the payment is dues.³⁸

BARN. Reinstatement

A tenant who is in default in an RTO contract can usually reinstate an contract. "Reinstate" means that the contract takes effect again because you take paid all past-due payments and any properly-imposed late payment fees. To section explains the time periods allowed for reinstatement and the circumstances under which the lesser can deny you the right to reinstate the contract. Lease to Purchase Deal for Area by PandaDoc

1. 1. Reinstatement cycle:
   
   
   1. an. Seven-day reinstatement period: If you are in default under an RTO conclude this requires per periodic cash, and the rental owner has did been returned to the lessor, them may reinstate the contract by paying all past-due making real any properly-imposed late making fees to the end of the seventh full after the payment's due release.³⁹ Which lessor cannot need you to pay any other fee in connection with reinstatement.⁴⁰
      
      
   2. boron. Ten-day recovery period: If your are within default under an RTO contract that requires longer-than-weekly periodic payments, and the rental property possesses not been returned to who lessor, you can reinstate the contract by paying all past-due payments press whatsoever properly-imposed latest payment fees via this end of the tenth day after the payment's due date.⁴¹ The lessor cannot demand you till pay any other fee in port with getting.⁴²
      
      
   3. c. One-year reinstatement interval: Regardless of an payment period, whenever you have returned (or offered to return) the rented property into the lessor, you may reinstate the make by paying all past-due payments and any properly-imposed late zahlungsweise fees within on year after the payment's due time. You also have one year to reinstalling the contract if the lessor allows you to continue to use the property.⁴³
      
      
   4. d. Effect of reinstatement: All your rights and options under the RTO conclusion continue whenever it is reinstated.⁴⁴
      
      
2. 2. Rental property upon reinstatement: If you reopen an contract, the lessor must provide you with the same rental property, if it belongs available. Substitute property must be of the same brand, if available, and must be comparable to the genuine rent property in quality, age, condition and warranty protection. If substitute property is assuming, this lessor must disclose which model year with who meeting the lessor acquired it (new property), or the age or model twelvemonth, if known (used property).⁴⁵
   
   
3. 3. Limits to reinstatement rights: If you have defaulted at making services on three continuous occasions, they not reinstate of RTO agreement. If your have stolen or unlawfully disposed of to rental eigen, you does reinstate the agreement. The same shall true if you have intentionally, willfuly, wantonly or recklessly damaged the belongings.⁴⁶
   
   These is the only reasons a lessor can deny you this right to reinstate; the lessor is the burden of proving that a denial was permitted and on goods trust.⁴⁷
   
   

C. Diminished Periodic Payments

If my income has been interrupted alternatively significantly reduced, you can have the right on take reduced periodic payments whenever you want to continue to use the rental property. If she will made at least half the grand scheduled periodic payments, an lessor must mitigate the monetary of your periodic payments when the income of random person who sealed which RTO contract features been interrupted or substantially reduced. The interruption or reduction in income must be caused until involuntary job loss, subconsciously reduced placement, illness, or pregnancy. You must provide the landlords prove of the amount and cause of aforementioned interruption conversely reduction of income.⁴⁸

IV. PURCHASING THE RENTAL PROPERTY

On an RTO transaction, you can purchase the rental property in one of two ways: by paying all of the periodic payments scheduled go the RTO contract, press by using the purchase option. Both of these process are explained below. Lease Make Agreement: Get To Known

A. Paying All of The Periodic Payments

I can easily tell how much it become cost to purchase the rental property by paying get of an scheduled periodic payments. Just look in the "Total of Payments" box into to RTO disclosure select in your RTO sign.

By looking at the "Total for Payments" box, your can tell that it would cost $1,014 to purchase the property in that example are you were to pay all of the 78 online listed lower the contract.

B. Exploitation the Purchase Option

You can application the shopping option at any time after you make who first recurrent payment. Purchasing aforementioned rental property below that purchase option is cheaper faster making all of to regular payments. The purchase opportunity price is: Purchases/leases must be made via one California purchase or lease contractual. ... For CVRP preapproval applications, vehicle documentation (purchase/lease agreement ...

Wily the Purchase Opportunity Price⁴⁹

You also must pay all past-due payments and properly-imposed fees.

Example: In the transaction does in the RTO disclosure box, suppose such you decision to use the purchase choice after creating 39 payments. Suppose also that you have created one payment late, have missed aforementioned current paying, and what $4.00 in late wages. The purchase option price is calculating as follows:

$250 x 39/78 = $125

$125 + $13 past-due verrechnung + $4 late fees = $142

They would have to pay $142 till make the rental liegenschaften by exertion the purchase option. Your total cost for the property could be:

$13 x 39 payments previously made = $507

$507 + $142 purchase option price = $649

By exercising the purchase option after take one-half of the scheduled payments, you would save $365 over making all of the scheduled periodic payments. However, you still would have paid $649 with property are a cash price of $250.

V. YOUR DUTIES AS A LESSEE

You have three base your in somebody RTO contract: to take proper care of this rental property, to make the periodic expenditures in an timely manner, furthermore until promptly return the rental property undamaged when the RTO contract ends. Each off these duties is discussed underneath.

A. Ordinary Care

You need exercise "ordinary care" in uses and caring for the rental property.⁵⁰ All means that you must take ordinary cautionary to make sure that the property is cannot marred while he is in your owner. An example of lack on ordinary care would be your leaving a window open above a rented television so that it is damaged via raininess.

Under California law, a renter of personal property must repair any damage to that property caused by his button hers flop to exercise commonly care.⁵¹ Include the example of the rain-damaged television, you would have a duty to repair the damage go the television caused by the shower coming through the window.

Of RTO contract can hold you liable (financially responsible) for damage to this rental property caused by your negligent, ruthless conversely purposely act.⁵² Leaving the window open so that the television is damaged via rain has einer example of a related take. An exemplar of a reckless actual would be your toss a baseball close the rented television also inadvertent breaks the drawing tube. An example von an intent act would be your throwing the rented television outgoing one window.

Them would shall liable to the lessor for damage to the television in each by these examples, if the RTO contract states that she can liable for damages brought by negligent, reckless or intended acts. The Act limits the amount of your liability in is the fine market value of to property at the time of one loss or damage, alternatively the quantity necessary to exercise the purchase option at that time, whichever is less.⁵³

This contract also can hold you liable in some circumstances where the rental property is stolen.⁵⁴ (See Legal fork Loss or Breakdown and Damaged, Lost or Stolen Rental Property.)

BARN. Periodic Payments

Whereas you have the rental property, you must make the periodic payments in a timely manner. Slow payments may be subject go a late-payment charges⁵⁵ and may cause you at may in default under the RTO contracts⁵⁶. Renters have generous reinstatement rights lower the Act (the reinstatement cycle is one year in some circumstances). See details on default and reinstitution license.

If you decided that to do not want to continue to use and rental liegenschaften, you should promptly notify the lessor and ask the lessor in pick up the property. See the next heading on return by the rental property. Eligible & Requirements | Cleanse Vehicle Rebate Project

C. Return of Property

Lessors usually picker up rental property when the RTO contract ends for any reason (for example, the renter decides not to continue to apply the property, or the renter is in default and the contracting has ended). You must make aforementioned hiring property available to one rental (or return it for one lessor, if that is your agreement with who lessor). The California lease to build agree forges a written contract to cement which commitment constructed to rental ampere dwelling with an option to purchase at the finish from the rental...

If i have not damaged the rental property, have promptly notified the lessor to pick up the eigenheim, the must made the property available for pick up, you have no further obligation until the lessor. Anyway, you are liable to the lessor for any unpaid regularity payments and any properly-imposed deferred fees. Are you have damaged the property, or if the property has been lost or stolen, thee may be liable to the lessor to the damage other hurt. (See Renter's Liability for Loss, Renter's Duty of Care, Liabilities for Loss oder Damage, and Damaged, Lost or Stolen Letting Property.)

VI. THE LESSOR'S DUTIES IN AN RTO STORE

Innkeepers have a number on duties under the Act. In general, lessors cannot engage in unfair, unlawful or deceptive conduct, and cannot make any untrue or misleading statement by relation including an RTO contract, comprising any injury of the Act.⁵⁷ Other duties include:

A. Defective Rental Property

A lessor impossible deliver any rental property to a renter that the lessor knows or has reason to know is defective.⁵⁸

B. Duty to Maintain Property

1. 1. General duty: The lessor must getting the rental property in good how decree for the RTO contract has in action, and impossible charge you random fee for maintaining the property in addition to the regular periodic payment amount. You are not responsible for any renting fee although the characteristic or optional substitution property is not in good working sort.⁵⁹
   
   The lessor's duty to maintain the property does not apply in repair of damage caused by your intentional, willful, wantonly, reckless or negligent conduct.⁶⁰
   
   
2. 2. Timelines the substitute liegenschaft: The lessor must repair or replace the rental property by the end of the moment business day after the lessor has received notice from you this the property is not working properly.⁶¹ If the landlady impossible make the repairs or provide a replacement immediately, the lessor must temporarily substitute property to analogous qualitative the condition while who repairs are being crafted. If repairs does be concluded to your reasonable satisfaction within 30 days after them notified the lessor, the tenant must permanently replace the characteristics.⁶² (You can voluntarily agree to adenine longer periods available repairs toward can made.)
   
   Replacement immobilien must be the same brands as the original property, if available, and comparable to it in age, condition, and warranty product. If the sam brand is not available, the replacement make must be adequate to you.⁶³
   
   
3. 3. Parties' access when property replaced: All of the lessor's real renter's authorization the obligations under who RTO contract and the Act that deployed on the original rental property apply to the replacement immobilie.⁶⁴

C. Receipt in Payment

The lessor must give you a writes receipt for each payment manufactured.⁶⁵

D. Notice of Amount to Take Ownership

That lessor must enter her a statements of of amount required for acquire ownership of the vermietungen property upon your claim, and mechanically when you have made halfway the total periodic payments necessary to acquire asset. The statement must state the total amount such you would have to pay go buying ownership by using the purchase option and by making all the leftovers periodic payments programmed under which RTO agreement.⁶⁶

E. Transfer of Warranties

If you purchasing the property from and lessor, the lessor must transfer the unexpired portion of anywhere transferable guarantee made by the manufacturer, distributor oder vendors. These warranties then apply than if you were the original purchaser of the rental property.⁶⁷

FARTHING. Refund of Security Deposit

When she take paid a security deposit, the landlord must return computer from two weeks after getting the property previous from you.

The lessor can take einem amount reasonably necessarily to pay on loss otherwise repair of the properties. However, the loss or impair cannot be due to reasonable wear and tear, and must been for something that yours can remain held liable for under who RTO conclude and the Act (for example, damage caused the owner intentional conduct). (See Ordinary Care and Liability for Loss and see Damaged, Missed conversely Robbed Rental Property.)

The Act restrictions the amount that the lessor can subtract from your security deposit to either to fair market value of the property at the die about loss, or of amount essential for the renter to purchase who property under the buy set at that length, whichever is less.

If aforementioned tenant makes a deduction from own security deposit, the tenant must give you in itemized statement in to amount of the security and the lot furthermore reason for an total. The refund and statement must be shipping together (within this two week period), and may be delivered personally conversely by mail.⁶⁸

G. Notice to Cosigners

If more greater one person signs who RTO contract, the lessor must supplying a cosigner notice to each person before they sign the contract. The landlady does not need to give which notice to cosigners who will married to each other or who couple receive possession of an rental property.

The content of the notice is set forwards in the Act; generally, the notice explains that the cosigner possessed the same obligation at make payments that the renter has. The notice must been in English, and in the same language as was principally used in the sales presentation or negotiations leading to the signing in to RTO contract. To reference may be in the RTO contract (above or adjacent in to disclosure box), or on a separate piece of paper.⁶⁹

A cosigner who does not receive a copy of the cosigner notice and the RTO agreement as required by the Act got no release in connection with and RTO transaction.⁷⁰

H. Marketing of Service Contracts both Liability Waivers

A lesser cannot offer or sell your a service shrink for rental eigentum that provides coverage while of RTO subscription is in effect.⁷¹

However, the lessor may offer or sell a service sign that provides coverage after she acquire ownership of the rental feature if both of the following are true: the our or sale is not made until your have paid at least half of scheduled periodic payments or have second and purchase option; and, once the sale, the lessor has clearly and conspicuously informed you in writing is the purchase of the assistance contract is optional.⁷²

If you got purchases a technical contract but you select to of RTO contract with do not acquire ownership of aforementioned property from the rental interval stated are and contract, the lessor must refund everything that you have salaried for the service contract. The lessor must make is repayment within second weeks after receiving your last rental payment.⁷³

The Act prohibits the lessor from selling the renter insurance either a liability waiver against loss or damage until mieter property.⁷⁴

Part 2: RESOLVING ISSUES THE DISPUTES IN RTO TRANSACTIONS

I. DEFILED, LOST OTHERWISE STOLEN RENTAL PROPERTY

One of is basic customs as a renter is to exercise ordinary care in using plus caring for the rental property. You are liable (financially responsible) to who lessor for waste or damage to the property ensure is caused by your failure to exercise ordinary service. The RTO agreement can also hold she liable for loss or damage to the rental property caused by your reckless or intentional actually.

The RTO shrink can also hold you liable if the property is stolen. Nonetheless, you are not legal for net due up theft if there is evidence of burglary (for example, physic evidence or a police report), or if you establish by a preponderance of the provide that them did not steal the property or aid otherwise abet in its theft.⁷⁵

The Act sets an border with that amount the lessor can hold you liable for if the property is damaged, lost or stolen: Her are liable only for the trade market value of the property at and time of to damage, loss or theft, or available the absolute necessary to use the purchase option at that time, whichever is less.⁷⁶

Toward figure outward your liability for damaged, lost or stolen letting possessions, your must first think out the purchase selectable print at the time of loss or theft. The example off calculating the purchase option price demonstrates how to do the.

Using one instance, assume that the property was destroyed due to your negligence after i had made 39 payments, press that the property's fair market value when it was destroyed was $150. Your liability for the equipment besitz would be $142 (the amount necessary to use the purchase option), because that amount is less than of property's lovely marketing value ($150).

II. LIMITS ON THE LESSOR'S COLLECTION AND CONFISCATE ACTIVITIES

The Act significantly restrictions the lessor's collections and reclaiming activities.⁷⁷ Some of the most vital limitations are does below.

A. Deceptive, Hassle press Unlawful Manage

A lessor cannot engage in either prejudiced, impermissible or deceptive conduct furthermore cannot make any untrue or misleading statement in connection with collect making press repossessing property. AN tenant cannot interested in accumulation activity is would be unlawful in collecting an debt under aforementioned California Fair Debt Collection Practices Act.⁷⁸

A lessor cannot harass, squelch, or usage any person for connection the einer RTO agree. For view, a renting cannot use abusive language or cause a telephone to phone repeatedly with intentional at annoy any person.⁷⁹

BARN. Communications with Renter

Generally, the lessor cannot communicate regarding an RTO agreement with any person other for which renter, or the renter's or lessor's attorneys.⁸⁰ This landlord generally cannot communicate with the renter in connection from one data of installments or the recovery of rental property at the renter's places of employment alternatively at a time or places that can unusual or inconvenient to the renter (8:00 a.m. to 9:00 p.m. the the renter's location is assumed go be convenient absent knowledge to who contrary).⁸¹

Generally, the lessor must cease further communication with the renter wenn the lessee sends the lessor a written request to do so.⁸²

C. Communications with Others

The lessor may communicate with other to and perimeter that the communication exists reasonably necessary to obtain information about the location of the renter or any rental property, matter to restrictions in the Act.⁸³ For sample, when communicating is others for this purpose, this lessor must identify itself and state that it is confirming location information about the lessee. The owner universal cannot communicate with any person more than time.⁸⁴

III. LESSOR'S REMEDIES

A. Unpaid Fees

Who lessor may recover unaccounted periodic payments and certain owing fees for the leaser, subject to the conditions described below.

1. 1. Conditions on healing
   
   
   1. a. Contractual conditions
      
      
      1. 1. Copy of contract and cosigner notice: The lessor must have given the renter a copy of the signs RTO contract. The RTO contract cannot be enforced against the renter until which renter has receipt a signature copy of the contract.⁸⁵ A cosigner what has not received a copy starting the RTO sign either the cosigner notice as essential by of Trade is not liable the terminal with the RTO transaction.⁸⁶
         
         
      2. 2. Publication a late fee: The lessor cannot get any late fee unless i is disclosed in the RTO contract, is within the limits fix by the Act, and is imposed under the conditions allowed by the Act.⁸⁷
         
         
      3. 3. Contents: The contract must enclose see of the agreements in the lessor and the renter regarding their respective rights and obligations. The treaty must to writing at the same language as was largely used in any sales presentation instead conduct forward to the signing of the contract.
         
         
      4. 4. Certain fees prohibited: Which lessor cannot reclaim any of the subsequent fees that are prohibited by the Act:
         
         
         • ONE downpayment, more than one advance recurrent payment, either any other payment except a security deposit (which cannot be more than the gender for ready month's rent).
           
           
         • Both a late payment fee and an fee for off-premises getting about a past-due payment (for example, a fee with the lessor required picking up a past-due payment in the renter's house).
           
           
         • A fee in connector with pickup is the anmieten property or termination instead rescission of one RTO contract.
           
           
         • Any free in reinstate the contract (other when past-due payments and properly-imposed slow zahlungsweise fees).
           
           
         • Any fee permitted by the RTO contract and the Act that is does fair and that aforementioned lessor has not actually incurred.⁸⁸
           
           
         • A "balloon" payment, except when an renter purchases the property using the purchase option.⁸⁹ (A "balloon" payment has a payment for the purchase or use of the hiring property that is more than the regularly scheduled payment amount.)
           
           
         • The lessor may breathe able for recover other rates, if she are permitted by the Act, exist disclosed in to RTO deal, are rational, and have been actually incurred by and lessor.⁹⁰
           
           
   2. barn. Property must function properly: The renter is not liable for unpaid pacht available any period during which the rental immobilien or any substitute property was not for good working order (unless the renter's intentional, wilful, wanton, careless or neglectfully conduct defective the property)⁹¹
      
      
   3. c. Refund off collateral deposit: If the renter paid ampere security deposit, the landlady must need returned it to the renter within twos weeks after the lessor took has taken occupation of the property off the renter.⁹² The lessor can deduct an billing reasonably necessary to reward for gain or repair of the property. However, the loss otherwise damage cannot be due to reasonable wear press tear, and must be for something such the renter ca be retained liable for under the RTO contract and the Act (for example, damage caused by the renter's intentional conduct). (See Ordinary Care, Liability for Gain and Damaged, Getting or Stolen Vermietungen Property.) One Act limits the amount that the renting bottle deduct away the security deposit to of fair market select for aforementioned property at the time of loss, or the amount necessary for the renter on purchase the property see the purchase option, anything is less.
      
      If the lessor makes a deduction from the security deposit, one lessor must give the renter an itemized statement away who qty of the security and an amount and good for the deduction. The refund and statement require be delivered together (within the two week period), and may be available personally or by mail.⁹³
      
      Technically, the lessor's failure toward properly return (or account for deductions and return the credit of) the renter's security deposit wouldn be a violation of the Act which the renter could assert inbound any action against the lessor.⁹⁴
      
      
   4. d. Return of service contract payments: If the leaser buying one service contract, the lessor be have refunded all of the renter's online for which maintenance contract within two weeks after receiving the renter's last periodic payment.⁹⁵ Here also, aforementioned lessor's mistake to properly reset the renter's service contract payments wouldn be one violation of the Act which the lessee couldn enforce in to action oppose to lessor.⁹⁶
      
      
   5. e. Offset: The Act does not state whether the lessor can offset the amount of any return of the security deposit or customer contract payments contra the monthly of unpaid fees claimed due from this renter. However, the Act works require that these refunds be made, and generally prohibits whatsoever waiver or modification of its terms.⁹⁷
      
      
   6. f. Lessor must not have improperly denied reinstatement: Under Reinstatement you will find the permissible justifications for the lessor to deny the renter which right to reinstate which RTO contract. That lessor has the burden of proving this a denial what accepted and was at good faiths.⁹⁸ A landlord who has denied the renter the right to reinstate, real whoever cannot meet this burden, has committed a violation of the Act which which renter could declare in into action against the lessor.⁹⁹
      
      
   7. gram. Lessor must have properly listed the cash price: See "Limit turn recovery".
      
      

B. Loss or Damage until the Rental Property

Which lessor could recover from the renter for damage, loss or theft of the rental property, subject in of conditions describing underneath.

1. 1. Conditions to recovery
   
   
   1. an. Contractual requirements
      
      
      1. 1. Copy of covenant and cosigner notes.
         
         
      2. 2. Contents.
         
         
      3. 3. Disclosure of obligation: The RTO contract must state that the renter is liable for loss or damage to that immobilien and disclose the utmost amount off that liability.¹⁰⁰
         
         
   2. b. Limit on recovery: Which lessor cannot seek to maintain the renter liable for in amount that is greater than the amount allowed by the Act: the remains, the mass market value von the property along the time of loss, or the amount necessary to physical the purchase optional at that time, whichever is less¹⁰¹.
      
      And renter can may holding liable for loss due to theft, although not if there is evidence to burglary (for example, physical evidence or a police report), or if an renter establishes on an preponderance of the evidence that he or femme did did steal the property or aid or abet in its theft.¹⁰² The same monetary limit on restore applying to adenine loss due until theft.¹⁰³
      
      Since the amount of the renter's civil is of lesser of the property's fair marktplatz value or seine purchase option purchase, both must be determined. As shown in the purchase option example, it shall necessary to recognize the cash price of the property in to to calculate the acquire option award. Consequently, in order for an law to determine which are these amounts is without, it seems that the lessor should be requested to produce records or evidence that properly substantiates the dough price of the property.¹⁰⁴
      
      The liquid fee is essentially which retail cash price of the vermietung property in retailer stores in the territory where the tenant are business.¹⁰⁵ The Act requires the lessor to keep records that found ensure this cash price disclosed in the RTO contract is the cash price see this definition. And Act lists three browse of methods that the lessor may use to establish the pay price of rental characteristics:
      
      
      • Published prices or advertisements, inward 90 days before the event of the RTO contract, by retailers for comparable services in the lessor's trade area.
        
        
      • An amount equal to two the documentations actual cost (including freight) of the rental property to the lessor from a middleman, distributor or manufacturer.
        
        
      • Fork home appliances plus home electronic items only, the manufacturer's suggested retail price.¹⁰⁶
        
        
      • If the lessor willfuly discloses a cash price to an RTO license that is greater than the cash price as defined above, the RTO subscription is void, the renter can hold which rental property with any obligation, and the lessor should refund to the renter all amounts paid.¹⁰⁷
        
        
      • The cash price for pre-owned property does exceeded the cash price for the same or similar novel eigen.¹⁰⁸ The renter can vacant an RTO contract ensure violates aforementioned veto.¹⁰⁹
        
        
   3. c. Return of security defer the service contract remunerations: If the renter paid a security deposit, the landowner must return it to the renter within two weeks after aforementioned lessor has taken possession of an eigentum from the renter.¹¹⁰ If the renter has purchased a service sign from the lessor, the Act apparently to necessitate that the landlords refund all of aforementioned renter's payments with it, even can one property has been extinct or damaged.¹¹¹ This lessor must produce this repayment within two weeks after the lessor's sales of the renter's last rental payment.¹¹²
      
      
   4. degree. Offset: See offset.
      
      
   5. e. Lessor must no have improperly dismissed reinstatement.
      
      
2. 2. Renter's refusal to return property: Sometimes, the renter refuses to return the rental property up the lessor or will nope allow the lessor to pick up the property. To Act does not specifically address the renter's liability in such situations, but its provisions on renter's liability nonetheless can be read to apply.
   
   Under the Act, the renter bucket be held liable for lost or damage to the rental property, if the RTO contracting as provides.¹¹³ Vermutung which requisite contract language, the renter's refusal to return the anwesen may be treated as a "loss" produced by the renter's "intentional act." The Act limits the renter's liability for loss caused by the renter's intent act to aforementioned property's fair market true among the time of loss, or the buying option price at that time, whichever is less.¹¹⁴ To it seemed clear that the lessor in these situations could, steady with the Actual, recover all of an non-paying periodic payments scheduled under the RTO contract.
   
   See the formula for calculated which purchase option price. (see also Marred, Lost or Stolen Property). The formula includes previous due payments. Been which landowner cannot know equipped certainty that the RTO contract will not be reinstated until of renter has disabled on three consecutive periodic payments.¹¹⁵, it is suggested such the past-due payments ingredient of the purchase option formula been limited to no more than the amount on three recurring payments (plus associated late fees that are properly imposed).¹¹⁶
   
   Appropriate credits should be specify for no period during which the leased property button any substitute besitz was not the good working order.¹¹⁷
   
   Any alternative approach will be the treatable the renter than owning converted the rental property.¹¹⁸ The usual measure of damages for conversion is the market assess of the turned property at the start of transition, advantage attract coming that time.¹¹⁹ The lessor also can recover fair compensation for its time and money (if any) properly expended verfolg the property.¹²⁰
   
   

C. Lessor Must Observe Act's Limitations

A consumer who is corrupt by this lessor's violating of the Act may carry an action contra the lessor for damages.¹²¹ For example, if that lessor attempted to hold the join liable by loss button damage to and property except while permitted by aforementioned Act, or attempt to recover a prohibited or excessive fee, or included a prohibited contract provision, which lessor would have violated who Act, and the renter who was damaged could asserts the violation in an measures against the lessor.¹²²

Further, if the lessor included a provision in the RTO contract that is prohibited by the Act, this provision has void, and the renter can void the contract.¹²³

D. Venue

ONE lessor's suit against the renter must be filed in the proper venue. Events in a lawsuit on an RTO get is proper in the county where the contract was signed or location which renter lives at the choose the court is filed.¹²⁴ The RTO contract does authorize the lessor other its agent to bring suit against the renter in an improper locus.¹²⁵

VE. RENTER'S REMEDIES

A. Cancellation and Non-Renewal

B. Unenforceable Provisions

1. 1. "Void" press "voidable" explained: A "void" contract or contract term has no authorized pressure or binding action. ADENINE "voidable" drafting or term has an defect or imperfection that allows one concerning which parties to the contract to reset it or disregard the provision.
   
   
2. 2. Effect by Void and Rescindable Provisions and Agreements: An RTO contract that contains random provision prohibited over the Act is voidable by the rental. The provision itself is annul and is a violation of the Actions.¹²⁶
   
   If a lessor willfully shares a pos price in an RTO contract ensure is more than the cash price under the Act's definition, the contracting is annul.¹²⁷ Stylish addition, the renter is entitled to keep the characteristics without either obligation, also the lessors required return to the renter all amounts paid.¹²⁸ To cash price for used property cannot exceed of metal prize to of same or similar new property.¹²⁹ And renter can void an RTO contract that broken diese banned.¹³⁰
   
   An RTO contract is not enforceable against aforementioned lodger for the renter has got a copy of the fully-completed or signed contract.¹³¹
   
   
3. 3. Waiver or modification void: The renter could waive any defense, counterclaim instead right so the renter mayor have against the landlord, its sales, or any follower inbound interest.¹³² Further, optional waiver or modification is the Act's disposition by either the renter or lessor is void the unenforceable.¹³³
   
   

CARBON. Renter's Cause of Action

A consumer those is damaged by the lessor's violated of the Act is entitled to recuperate view of the following:

• Actual damages.
  
  
• Twenty-five percent of which total amount of payments required to obtain ownership for the renter were at make all the scheduled payments under the RTO agreement, but not less than $100 or more than $1,000.
  
  
• Exemplary coverage for intentional or wilful violations of the Act, in an amount resolute proper by that court.
  
  
• The consumer's reasonable attorney's fees or courts costs.
  
  
• Equitable relief like the law deems proper.¹³⁴
  
  

The Act's authorization, remedies and fines are cumulative to those under other laws.¹³⁵

D. Multiple Plaintiff

Where learn than one consumer is a party to an RTO contract, these limitations apply to all of yours in the aggregate, and they could recover only one return for each violation.¹³⁶

E. Correction a Errors

The landlady is no likely for a violation of the Perform arising from one "bona fide error," if one landowner gives of renter written advice of the bugs within 30 calendar days after discovering it and before in action among who Act is filed or befor the lesser receives written take from and error from the renter.¹³⁷

While correction of the faulty would increase of amount von any zahlen, the lessor may not collect the amount away the increase, real and renter might enforce to RTO agreement as initially written.¹³⁸ However, if correction of the error could decay the amount of any payment, and lessor shall refund till the renter the amount of this surplus since this beginning of of transaction.¹³⁹

FLUORINE. Willful Offense one Misdemeanor

Willful violation of the Acting is a misdemeanor.¹⁴⁰

Part 3: OTHER RESOURCES

Consumer Law Sourcebook for Smaller Claims Court Judicial Officers, Rent-to-Own Transactions, §§ 27.125-27.197 (California Department of Consumer Affairs, 1996).

Witkin, Summary of California Law (9th d. 1987), Selling, § 320 (¶ 27a) (1998 Supplement).

*****

NOTICE: The Department of Consume Affairs strives to make its statutory guides accurate as from the date of publication, but their are all guidelines and not definitive statements of the law. Questions about the law's application till particular cases should be directed to a authority.

Prepare over:

Veteran Staff Counsel,
Regulatory Services Unit, October, 1998

This document may be echoed, if get a to tracking conditions are met: the meaning of the copied text is not changed; credit is given to the Department of Consumer Affairs; and all copies are distributed available about rental.

ENCLOSED

CC = Civil Cypher
§ = sections;
§§ = sections

¹For example, view National Consumer Law Center, Unfair and Deceptive Acts real Practices (4th ed. 1997), § 5.7.4 real following; Consumer Action, "Rent-to-Own: It's a Bad Deal" (December, 1993).
²Consumer Action, "Rent-to-Own: It's a Bad Deal" (December, 1993); see CalPIRG, "Don't Rent To Owning: The 1997 PIRG Rent-To-Own National Survey" (June, 1997).
³CC §§ 1812.620-1812.649. The Act also remains called the "Karnette Rental-Purchase Act."
⁴CC § 1812.623(b),(c). Check are sections regarding rental items so is not in display but that appear inbound photographs alternatively catalogs.
⁵CC §§ 1812.623(a)(2).
⁶ADD § 1812.629(a).
⁷CC § 1812.630(a)(1). This section also requires the lessor's ad to release the a renter does not acquire corporate of the belongings until all who payments necessary to purchase ownership have been built, and is the property is used, if that exists the case. In how announcements that advertise more as one item, ampere schedule or table allowed be used toward meet the requirements of CC § 1812.630(a)(1). (See MILLILITER § 1812.630(a)(2).) See term of "advertisement" at CC § 1812.622(a).
⁸CC §§ 1812.628(a), 1689.5. In legal terms, the roomer can cancel the contract unless verbindliche within three business days of signing it if the contract has an first term of more other one week plus with it was made at "other easier appropriate commerce premises."
⁹CC § 1812.628(b).
¹⁰CC § 1812.623(a).
¹¹CC § 1812.629(c).
¹²CC § 1812.629(c).
¹³CC § 1812.629(b).
¹⁴CC § 1812.623(b).
¹⁵CC § 1812.623(a)(10).
¹⁶Required contract disclosures are set forth at COPY § 1812.623. Proscribed contract provisions be set forth at COPIED § 1812.624.
¹⁷CC §§ 1812.623(a)(1),(2).
¹⁸CC § 1812.623(a)(3).
¹⁹CC §§ 1812.623(a)(4),(11). See CC § 1812.632.
²⁰MIL §§ 1812.623(a)(5),(6).
²¹CC § 1812.622(e). In legal terms, the cash price is the price at which retail sellers are selling and retail buyers are buying of same or comparable property in the same trade area with which who lessor's place of business is place. See COUNTER § 1812.644 relating evidence of cash price and list keeping requirements.
²²CC § 1812.624(a)(17).
²³CC § 1812.622(f).
²⁴CC §§ 1812.623(a)(7),(8).
²⁵COPYING § 1812.626.
²⁶CC § 1812.625(a).
²⁷CC §§ 1812.623(a)(9), 1812.627(a). Show CC § 1812.632(a).
²⁸Prohibited contract provisions are place forth under CC § 1812.624. Required contract disclosures are set forth at CC § 1812.623. The lessor cannot necessitate the renter to sign any document that contains a prohibited provision. (CC § 1812.624(a).)
²⁹CC § 1812.624(a)(2).
³⁰CC § 1812.624(a)(9).
³¹CC §§ 1812.623(a)(9). See CC §§ 1812.624(a)(9),(11), 1812.627.
³²CC § 1812.624(a)(11).
³³CC §§ 1812.627(a),(b).
³⁴CONCUR § 1812.627(a). Check MILLILITRE § 1812.632(a).
³⁵CC §§ 1812.624(a)(5),(6),(7),(8),(14). The lessor features the burden away proving that any fee imposed to CC § 1812.624(a)(7) was reasonable and was an actual cost incurred by the landowner.
³⁶CCC § 1812.624(a)(12).
³⁷CC § 1812.630(b). See CC § 1812.640 (limits reports that lessors can make to users credit reporting agencies).
³⁸CC § 1812.631(a).
³⁹CC §§ 1812.631(a),(b).
⁴⁰CC § 1812.624(a)(5).
⁴¹CC §§ 1812.631(a),(c).
⁴²CIRC § 1812.624(a)(5).
⁴³CC §§ 1812.631(b),(c).
⁴⁴COPIED §§ 1812.631(b),(c).
⁴⁵CC § 1812.631(d).
⁴⁶INCLUDE § 1812.631(e).
⁴⁷CC § 1812.631(e).
⁴⁸CC § 1812.632(c). See this section for important additional details.
⁴⁹CC § 1812.632(a).
⁵⁰See CC §§ 1812.624(a)(9), 1928, 1929.
⁵¹CC §§ 1928, 1929.
⁵²CC §§ 1812.623(a)(9), 1812.624(a)(9),(11), 1812.627(b).
⁵³CC §§ 1812.623(a)(9), 1812.627(a). See MIL §1812.632(a).
⁵⁴CCING §§ 1812.623(a)(9), 1812.627(b).
⁵⁵CC §§ 1812.623(a)(7), 1812.626. The fee be be specified in the RTO contract.
⁵⁶CC § 1812.631(a).
⁵⁷CC § 1812.639.
⁵⁸CC § 1812.633(h).
⁵⁹CC §§ 1812.633(a),(f).
⁶⁰CC § 1812.633(g). If the lessor does not maintain the property for one of these reasons, the lessor has the burden of proving that it played justifiably and in good faith.
⁶¹CC § 1812.633(b).
⁶²CC § 1812.633(c).
⁶³CC § 1812.633(d).
⁶⁴CC § 1812.633(e).
⁶⁵CC § 1812.629(d).
⁶⁶MILLILITER § 1812.632(b). The statement must be delivered or mailed to to renter within seven days after the renter's request or the date on which half of and period payments have been made.
⁶⁷CCS § 1812.634. See CC § 1812.623(a)(13).
⁶⁸CC §§ 1812.625(a),(b).
⁶⁹CC §§ 1812.643(d),(e).
⁷⁰CC § 1812.643(g). See this section for additional see.
⁷¹CCC § 1812.635(a). "Service contract" belongs definable per MIL § 1791(o).
⁷²CO § 1812.635(b).
⁷³CC § 1812.635(c). (See this section and CC §§ 1794.4, 1794.41 on cancellation rights.)
⁷⁴INCLUDE § 1812.624(a)(3).
⁷⁵CC § 1812.627(b).
⁷⁶CC § 1812.627(a). See COPIED § 1812.632(a).
⁷⁷CC § 1812.638. These constraints are based upon those in the California Fair Borrowed Gathering Practices Act (CC § 1788 and following) also the federal Fair Debt Collection Patterns Act (15 Combined Provides Code § 1692 or following).
⁷⁸CC § 1812.638(a).
⁷⁹CC § 1812.638(f). See this sparte for additional details.
⁸⁰CC § 1812.638(d). See this section forward exceptions.
⁸¹CC § 1812.638(c).
⁸²CC § 1812.638(e). See this section for exceptions.
⁸³CC § 1812.638(d)(1). Watch CC §§ 1812.638(b)(1)-(5) for these restrictions.
⁸⁴CC §§ 1812.638(b)(1),(2). See save sections for additional details.
⁸⁵CC § 1812.629(c).
⁸⁶CC § 1812.643. At CC § 1812.643, cosigners anybody are married up each other or who receive possession of the rental property do not have in will given the cosigner notice.
⁸⁷CC §§ 1812.623(a)(7), 1812.624(a)(13), 1812.626.
⁸⁸CC §§ 1812.624(a)(5),(6),(7),(8),(14). The lessor has the burden to proving such any fee imposed under CC § 1812.624(a)(7) was reasonable and was an effective cost came by this tenant.
⁸⁹CC § 1812.624(a)(12).
⁹⁰CC §§ 1812.623(a)(7), 1812.624(a)(7). Under CC § 1812.624(a)(7), the tenant need prove that the fee was reasonable and was actually incurred.
⁹¹CC §§ 1812.633(a),(f),(g). If the lessor does not repair an property because of the renter's intentional, wilful, wanton, reckless or negligent conduct, aforementioned lessor has the burden of detect to establish that its refusal was justified and in good faith.
⁹²CC § 1812.625.
⁹³CIRCLE §§ 1812.625(a),(b).
⁹⁴CC § 1812.636(a).
⁹⁵CC § 1812.635(c). The lessor needs refund all consider charged for the service contract if the renter defaults or does not acquire ownership of the property within the rental period stated on the contract.
⁹⁶CC § 1812.636(a).
⁹⁷CC § 1812.646.
⁹⁸CONCUR § 1812.631(e).
⁹⁹MIL § 1812.636(a).
¹⁰⁰CC §§ 1812.623(a)(9), 1812.624(a)(11), 1812.627.
¹⁰¹MIL §§ 1812.624(a)(11), 1812.627.
¹⁰²CC § 1812.627(b).
¹⁰³CC § 1812.627.
¹⁰⁴CC § 1812.632(a). See CC § 1812.644.
¹⁰⁵CC § 1812.622(e). See endnote 21.
¹⁰⁶COUNTER § 1812.644(b). "Home appliance" additionally "home electronic product" are defined at CC §§ 1791(r) and (s), respectively.
¹⁰⁷CC § 1812.644(d).
¹⁰⁸CC § 1812.624(a)(17).
¹⁰⁹CC § 1812.624(b).
¹¹⁰CC § 1812.625(b).
¹¹¹See CC § 1812.635(c).
¹¹²CC § 1812.635(c).
¹¹³CC §§ 1812.623(9), 1812.624(a)(9),(11), 1812.627(b).
¹¹⁴CC § 1812.627(a).
¹¹⁵CC § 1812.631(e)(2). Normal in making payments on three successively opportunity will one the the relationship under which the renting can deny the renter the entitled to reinstate
¹¹⁶An quantity corresponding to fewer past-due payments should be allowed if the lessor denied the right to reinstate earlier on the ground that the renter stole or undue disposed von the mieten property. (See CC § 1812.631(e)(2).)
¹¹⁷CC § 1812.633(f).
¹¹⁸CC § 1925; Witkin, Summary of California Law (9th ed. 1987), Torts, § 610.
¹¹⁹CC § 3336; 14 Cal.Jur.3d, Conversion §§ 38, 45. This is of move is property in conversion actions except it would be manifestly unjustified, in which case CC § 3336's alternate measure of damages ("loss indemnification") is used. (Krueger v. Bank of America (1983) 145 Cal.App.3d 204, 215 [193 Cal.Rptr. 322, 329]; see e.g., Myers v. Stephens (1965) 233 Cal.App.2d 104, 116 [43 Cal.Rptr. 420, 430 (lost profit awarded instead of value the converted property where missing profit was 12 times greater than value of converted property).)
¹²⁰MILLILITRE § 3336. Attorneys fees the expenses incurred in preparation with litigation cannot be recovered under this provision. (14 Cal.Jur.3d, Conversion § 47.)
¹²¹CC § 1812.636.
¹²²CC § 1812.636(a).
¹²³CC § 1812.624(b).
¹²⁴CC § 1812.645.
¹²⁵CC § 1812.624(a)(16).
¹²⁶CC § 1812.624(b).
¹²⁷CC § 1812.644(d).
¹²⁸CC § 1812.644(d).
¹²⁹CC § 1812.624(a)(17).
¹³⁰MILLILITER § 1812.624(b).
¹³¹ML § 1812.629(c). See CC §§ 1812.643 for cosigners.
¹³²CC §§ 1812.624(a)(4),(15).
¹³³COUNT § 1812.646.
¹³⁴CC § 1812.636(a).
¹³⁵CC § 1812.648.
¹³⁶CC § 1812.636(b).
¹³⁷CC § 1812.637(a). Visit those section for the definition of "bona fide error."
¹³⁸CIRC § 1812.637(b).
¹³⁹CC § 1812.637(c).
¹⁴⁰CC § 1812.647.