§ 42-409 — Security interest restricted. Security deposit.

(a) Except as otherwise provided in subsection (b) of this section, a consumer lease or other record signed by the lessee in connection with the lease may not provide for the creation of a security interest in personal or real property of the lessee to secure the payment of obligations arising from the lease. A security interest created in violation of this section is unenforceable, but does not otherwise affect the validity of the lease. (b) A consumer lease may provide for: (1) A security deposit, advance lease payment or other prepayment; (2) A security interest in unearned insurance premiums or rebates of charges for a contract for services, or a service contract, extended warranty or maintenance agreement regarding the leased goods; (3) A security interest in the proceeds or benefits of insurance, or of a contract for services, service contract, extended warranty or maintenance agreement on the leased goods, except to the extent the proceeds or benefits represent reimbursement to the lessee for expenses incurred; and (4) A security interest in an accession to the leased goods. (c) This section does not preclude a holder from making a permissive filing of a financing statement under article 9 of the Uniform Commercial Code. (d) A holder is not required to pay interest on a security deposit, advance lease payment or other prepayment, but is required, within two weeks after the application of a security deposit, to account to the lessee in a record for the application of the security deposit.

Legislative History

(P.A. 02-81, S. 20.) History: P.A. 02-81 effective July 1, 2003.