§ 1812.624. — 1812.624. (Amended by Stats. 2006, Ch. 410, Sec. 3.)

(a)
No rental-purchase agreement or any document that the lessor requests the consumer to sign shall contain any provision by which:
(1)
A power of attorney is given to confess judgment in this state or to appoint the lessor, its agents, or its successors in interest as the consumer’s agent in the collection of payments or the repossession of the rental property.
(2)
The consumer authorizes the lessor or its
agent to commit any breach of the peace in repossessing the rental property or to enter the consumer’s dwelling or other premises without obtaining the consumer’s consent at the time of entry.
(3)
The consumer agrees to purchase from the lessor insurance or a liability waiver against loss or damage to the rental property.
(4)
The consumer waives or agrees to waive any defense, counterclaim, or right the consumer may have against the lessor, its agent, or its successor in interest.
(5)
The consumer is required to pay any fee in connection with reinstatement except as provided in Section 1812.631.
(6)
The consumer is required to pay a fee in connection with the pickup of the property or the termination or rescission of the rental-purchase agreement.
(7)
The consumer is required to pay any fee permitted by the rental-purchase agreement and this title that is not reasonable and actually incurred by the lessor. The lessor has the burden of proof to establish that a fee was reasonable and was an actual cost incurred by the lessor.
(8)
The consumer is required to pay a downpayment, more than one advance periodic rental payment, or any other payment except a security deposit permitted under Section 1812.625.
(9)
Except to the extent permitted by subdivision (b) of Section 1812.627, the consumer waives any rights under Sections 1928 or 1929.
(10)
The consumer grants a security interest in any property.
(11)
The consumer’s liability for loss or
damage to the property which is the subject of the rental-purchase agreement may exceed the maximum described in subdivision (a) of Section 1812.627.
(12)
Except under the circumstances authorized by subdivision (a) or (b) of Section 1812.632, the consumer is obligated to make any balloon payment. A “balloon payment” is any payment for the purchase or use of the rental property which is more than the regularly scheduled periodic payment amount.
(13)
The consumer is required to pay a late payment fee that is not permitted under Section 1812.626.
(14)
The consumer is required to pay both a late payment fee and a fee for the lessor’s collection of a past due payment at the consumer’s home or other location.
(15)
The consumer waives or offers to waive any
right or remedy against the lessor, its agents, or its successors in interest for any violation of this title or any other illegal act. This subdivision does not apply to a document executed in connection with the bona fide settlement, compromise, or release of a specific disputed claim.
(16)
The lessor, its agents, or its successors in interest may commence any judicial action against the consumer in a county other than the county in which (A) the rental-purchase agreement was signed or (B) the consumer resides at the time the action is commenced.
(17)
The amount stated as the cash price for any item of personal property exceeds the cash price permitted under Section 1812.644.
(18)
The total of payments exceeds the amount permitted under Section 1812.644.
(b)
Any provision in a rental-purchase agreement that is prohibited by this title shall be void and unenforceable and a violation of this title. A rental-purchase agreement which contains any provision that is prohibited by this title is voidable by the consumer.

Legislative History

Amended by Stats. 2006, Ch. 410, Sec. 3. Effective January 1, 2007.