44-6805. Prohibited rental-purchase agreement terms;
practices
A. A rental-purchase agreement shall not contain any of the following:
1. A confession of judgment.
2. A negotiable instrument.
3. A security interest or any other claim of a property interest in any property of
the consumer.
4. A wage assignment.
5. A waiver by the consumer of claims or defenses.
6. A provision authorizing the lessor or a person acting on the lessor's behalf to
enter the consumer's premises without permission or to commit any breach of the peace in
the repossession of rental property.
7. A provision requiring the purchase of insurance or a liability damage waiver
from the lessor for the rental property that is the subject of the rental-purchase
agreement.
8. A provision that states that mere failure to return rental property constitutes
probable cause for a criminal action.
9. A provision requiring the consumer to make a payment in addition to regular
rental payments to acquire ownership of the rental property, or a provision requiring the
consumer to make rental payments totalling more than the dollar amount necessary to
acquire ownership as disclosed pursuant to section 44-6804.
10. A provision requiring a reinstatement fee unless a periodic payment is late more
than seven days under a rental-purchase agreement with periodic payments made monthly or
more than two days under a rental-purchase agreement with payments made more frequently
than monthly.
11. A provision requiring a reinstatement fee of more than five dollars.
12. A provision requiring more than one reinstatement fee on any one periodic
payment regardless of the period of time that it remains unpaid.
13. A provision requiring a late charge or any other type of charge or penalty for
reinstating a rental-purchase agreement other than a reinstatement fee, except that a
lessor may use the term "late charge" or a similar term to refer to a reinstatement fee.
14. A provision requiring that a consumer who rents multiple items in a single
rental-purchase agreement pay an amount to acquire ownership of the items that exceeds
the combined total amounts required to acquire ownership of the items if rented
separately for the same term.
B. A lessor shall not engage in any unfair, unlawful or deceptive act or practice
or make any false or misleading statement in connection with a rental-purchase agreement.
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