1.In a consumer rental purchase agreement, after a lessee has been in default for three
business days and has not voluntarily surrendered possession of the rented property, a lessor
may give the lessee the notice provided in subsection 3 when the consumer has the right
to cure a default. A lessor gives the notice to the lessee under this section when the lessor
delivers notice to the lessee or mails the notice to the last known address of the lessee.
2.For the purpose of this section, there is no right to cure and no limitation on the lessor’s
rights with respect to a default that occurs within twelve months after an earlier default as to
which a lessor has given a proper notice of the lessee’s right to cure.
3.The notice of right to cure must be in writing and conspicuously state all o
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1. In a consumer rental purchase agreement, after a lessee has been in default for three
business days and has not voluntarily surrendered possession of the rented property, a lessor
may give the lessee the notice provided in subsection 3 when the consumer has the right
to cure a default. A lessor gives the notice to the lessee under this section when the lessor
delivers notice to the lessee or mails the notice to the last known address of the lessee.
2. For the purpose of this section, there is no right to cure and no limitation on the lessor’s
rights with respect to a default that occurs within twelve months after an earlier default as to
which a lessor has given a proper notice of the lessee’s right to cure.
3. The notice of right to cure must be in writing and conspicuously state all of the
following:
a. Thename,address,andtelephonenumberofthelessortowhompaymentistobemade.
b. A brief identification of the transaction.
c. The lessee’s right to cure the default.
d. The amount of payment and date by which payment must be made to cure the default.
A notice in substantially the following form complies with this subsection:
THE NAME, ADDRESS, & TELEPHONE
NUMBER OF THE LESSOR
ACCOUNT NUMBER, IF ANY
BRIEF IDENTIFICATION OF TRANSACTION
( ) is the last date for payment, ( ) is the
amount now due. You have failed to renew your rental purchase
agreement(s). If you pay the amount now due (above) by the last
date for payment (above), you may continue with the agreement as
though you had renewed on time. If you do not pay by that date, we
may exercise our rights under the law. If you are late again during
the next twelve months of your agreement, in either returning
the property or renewing your agreement, we may exercise our
rights without sending you another notice like this one. If you have
questions, you may write or telephone the lessor promptly.
4. With respect to a consumer rental purchase agreement, except as provided in
subsection 5, after a default consisting of the lessee’s failure to renew and failure to return
the property, a lessor, because of that default, may not instigate court action to recover the
rented property until five business days after the notice of the lessee’s right to cure is given.
In the case of an agreement with weekly or biweekly renewal dates, such action shall not be
taken until three business days after the notice of the lessee’s right to cure is given.
5. With respect to defaults on the same consumer rental purchase agreement and subject
to subsection 4, after a lessor has once given a proper notice of the lessee’s right to cure, this
sectiondoesnotgivetheconsumerarighttocureorimposeanyadditionallimitationsbeyond
those otherwise imposed by this part on the lessor’s right to proceed against the lessee or the
lessor’s right to recover the property.
6. Until expiration of the minimum applicable periods contained in subsection 4 after
notice is given, the lessee may cure all defaults consisting of failure to renew and failure to
return the property by tendering the amount of all unpaid sums due at the time of the tender
plus any unpaid delinquency charges or other charges authorized by section 537.3616.
7. This section and the provisions on limitations of agreements do not prohibit a lessee
from voluntarily surrendering possession of the rented property, and the lessor from
enforcing any past due obligation which the lessee may have at any time after default.
However, in an enforcement proceeding, the lessor shall affirmatively plead and prove either
that the notice to cure is not required or that the lessor has given the required notice, but the
failure to so plead does not invalidate any action taken by the lessor that is lawful and if the
lessor has rightfully repossessed any property the repossession is not conversion.
8. A repossession of rented property in violation of this section is void.