§ 42-418 — Lessee's default. Right to cure.

(a) A provision of a consumer lease stating events of default by the lessee is enforceable only to the extent that: (1) The lessee does not make a payment required by the lease; or (2) The holder establishes that the prospect of payment, performance or realization of the holder's interest in the goods is significantly impaired. (b) If a default is solely the lessee's failure to make a payment required under the lease and the lessee has not voluntarily surrendered the leased goods to the holder, a holder may not accelerate, take judicial action to collect, or repossess the leased goods unless the holder initiates a procedure for cure under this section and the lessee does not cure the default in a timely manner. (c) A holder may initiate a procedure for cure by sending to the lessee, at any time after the lessee has been in default for ten days, a notice of right to cure the default. The notice must be in a record, contain a conspicuous statement that the lessee is entitled to cure the default and set forth the monetary amount necessary to cure the default, the date by which the curative payment is due and the name, address and telephone number of the holder from which information may be obtained regarding the cure. The date by which payment is due may not be less than twenty days after the notice is sent. (d) Within the period for cure stated in the notice under subsection (c) of this section, the lessee may cure the default by tendering the amount of all unpaid sums due at the time of the tender, including any unpaid delinquency or default charges, but without additional security deposit or prepayment of periodic payments not yet due. Cure restores the rights of holder and lessee under the lease as if the default had not occurred. (e) A lessee has the right to cure only once in any twelve-month period during the period of the lease.

Legislative History

(P.A. 02-81, S. 29.) History: P.A. 02-81 effective July 1, 2003.