Section § 2985.7

Explanation

This section defines key terms related to the leasing of motor vehicles. A 'motor vehicle' is one that must be registered, excluding certain trailers sold with boats. A 'lessor' is someone in the business of leasing vehicles, and 'lessee' is a person who leases a vehicle for more than four months primarily for personal use. 'Lease contract' refers to the formal agreement for such leasing, excluding leases for business, agriculture, or government purposes. 'Regulation M' involves rules under the Consumer Leasing Act. The 'constant yield method' describes how rent charges are calculated over the lease term, depending on whether payments are periodic or a single lump sum.

(a)CA Civil Law Code § 2985.7(a) “Motor vehicle” means any vehicle required to be registered under the Vehicle Code. Motor vehicle does not include any trailer which is sold in conjunction with a vessel.
(b)CA Civil Law Code § 2985.7(b) “Lessor” includes “bailor” and is a person who is engaged in the business of leasing, offering to lease or arranging the lease of a motor vehicle under a lease contract.
For the purpose of this subdivision, “person” means an individual, partnership, corporation, limited liability company, estate, trust, cooperative, association or any other legal entity.
(c)CA Civil Law Code § 2985.7(c) “Lessee” includes “bailee” and is a natural person who leases, offers to lease or is offered the lease of a motor vehicle under a lease contract.
(d)CA Civil Law Code § 2985.7(d) “Lease contract” means any contract for or in contemplation of the lease or bailment for the use of a motor vehicle, and the purchase of services incidental thereto, by a natural person for a term exceeding four months, primarily for personal, family or household purposes, whether or not it is agreed that the lessee bear the risk of the motor vehicle’s depreciation. Lease contract does not include a lease for agricultural, business or commercial purposes, or to a government or governmental agency or instrumentality.
(e)CA Civil Law Code § 2985.7(e) “Regulation M” means any rule, regulation, or interpretation promulgated by the Board of Governors of the Federal Reserve System under the federal Consumer Leasing Act (15 U.S.C. Secs. 1667-1667e), and any interpretation or approval issued by an official or employee of the Federal Reserve System duly authorized by the board to issue such interpretations or approvals.
(f)CA Civil Law Code § 2985.7(f) “Constant yield method” means the following:
(1)CA Civil Law Code § 2985.7(f)(1) In the case of a periodic payment lease, the method of determining the rent charge portion of each base payment in which the rent charge for each computational period is earned in advance by multiplying the constant rate implicit in the lease contract times the balance subject to rent charge as it declines during the scheduled lease term. At any time during the scheduled term of a periodic payment lease, the balance subject to rent charge is the difference between the adjusted capitalized cost and the sum of (A) all depreciation and other amortized amounts accrued during the preceding computational periods and (B) the first base periodic payment.
(2)CA Civil Law Code § 2985.7(f)(2) In the case of a single payment lease, the method of determining the periodic earning of rent charges in which the rent charge for each computational period is earned in advance by multiplying the constant rate implicit in the lease contract times the balance subject to rent charge as it increases during the scheduled lease term. At any time during the scheduled term of a single payment lease, the balance subject to rent charge is determined by subtracting from the residual value the total rent charge scheduled to be earned over the term of the lease contract and adding to the difference all rent charges accrued during the preceding computational periods.
(3)CA Civil Law Code § 2985.7(f)(3) Periodic rent charge calculations are based on the assumption that the lessor will receive the lease payments on their exact due dates and that the lease does not end before its scheduled termination date.

Section § 2985.71

Explanation

This law is about what you have to disclose when soliciting someone to enter a car lease deal. If you're advertising things like payments, upfront costs, or lack of upfront costs, you also need to transparently disclose additional details. These details include disclosures required under another set of rules (Regulation M), limits and charges related to mileage, and if there are extra taxes and fees. Any claims about specific deals must be genuine, meaning the company should typically offer those deals. If a company doesn't follow these rules, it doesn't make the lease invalid, and media or advertising carriers aren't liable for these disclosures. Some things can be left out from advertised costs according to part of this law, and this law kicks in on July 1, 2024.

(a)CA Civil Law Code § 2985.71(a) Any solicitation to enter into a lease contract that includes any of the following items shall contain the disclosures described in subdivision (b):
(1)CA Civil Law Code § 2985.71(a)(1) The amount of any payment.
(2)CA Civil Law Code § 2985.71(a)(2) A statement of any capitalized cost reduction or other payment required prior to or at consummation or by delivery, if delivery occurs after consummation.
(3)CA Civil Law Code § 2985.71(a)(3) A statement that no capitalized cost reduction or other payment is required prior to or at consummation or by delivery, if delivery occurs after consummation.
(b)CA Civil Law Code § 2985.71(b) A solicitation to enter into a lease contract that includes any item listed in subdivision (a) shall also clearly and conspicuously state all of the following items:
(1)CA Civil Law Code § 2985.71(b)(1) All of the disclosures prescribed by Regulation M set forth in the manner required or permitted by Regulation M, whether or not Regulation M applies to the transaction.
(2)CA Civil Law Code § 2985.71(b)(2) The mileage limit after which mileage charges may accrue and the charge per mile for mileage in excess of the stated mileage limit.
(3)CA Civil Law Code § 2985.71(b)(3) The statement “Plus tax and license” or a substantially similar statement, if amounts due for use tax, license fees, and registration fees are not included in the payments.
(c)CA Civil Law Code § 2985.71(c) No solicitation to aid, promote, or assist directly or indirectly any lease contract may state that a specific lease of any motor vehicle at specific amounts or terms is available unless the lessor usually and customarily leases or will lease that motor vehicle at those amounts or terms.
(d)CA Civil Law Code § 2985.71(d) A failure to comply with the provisions of this section shall not affect the validity of the leasing contract. No owner or employee of any entity, other than the lessor, that serves as a medium in which a lease solicitation appears or through which a lease solicitation is disseminated, shall be liable under this section.
(e)CA Civil Law Code § 2985.71(e) A lessor is not in violation of paragraph (29) of subdivision (a) of Section 1770 because it excludes from the advertised, displayed, or offered lease payment a fee or charge in accordance with paragraph (3) of subdivision (b).
(f)CA Civil Law Code § 2985.71(f) This section shall become operative on July 1, 2024.

Section § 2985.8

Explanation

This section outlines that vehicle lease contracts in California must be in writing, with specific formatting requirements like 8-point type and bold titles. The contract must include all agreements between the parties and disclose detailed financial information, including costs related to the leased vehicle, insurance, and any additional charges. It must also feature warnings about reading the lease, the lack of a cooling-off period, and the lessee's potential financial liabilities in case of vehicle theft or damage. The lease has to be fully completed before signing, and a copy must be provided at signing. Additionally, lessees have a right to return the vehicle if their credit application is not approved. Special notices, like a GAP liability notice, must be included if applicable. These provisions have been in effect since July 1, 2012.

(a)CA Civil Law Code § 2985.8(a) A lease contract shall be in writing, and the print portion of the contract shall be printed in at least 8-point type and shall contain in a single document all of the agreements of the lessor and lessee with respect to the obligations of each party.
(b)CA Civil Law Code § 2985.8(b) At the top of the lease contract, a title that contains the words “LEASE CONTRACT” or “LEASE AGREEMENT” shall appear in at least 12-point boldface type.
(c)CA Civil Law Code § 2985.8(c) A lease contract shall disclose all of the following:
(1)CA Civil Law Code § 2985.8(c)(1) All of the information prescribed by Regulation M set forth in the manner required or permitted by Regulation M, whether or not Regulation M applies to the transaction.
(2)CA Civil Law Code § 2985.8(c)(2) A separate statement labeled “Itemization of Gross Capitalized Cost” that shall appear immediately following or directly adjacent to the disclosures required to be segregated by Regulation M. The Itemization of Gross Capitalized Cost shall include all of the following and shall be circumscribed by a line:
(A)CA Civil Law Code § 2985.8(c)(2)(A) The agreed-upon value of the vehicle as equipped at the time of signing the lease.
(B)CA Civil Law Code § 2985.8(c)(2)(B) The agreed-upon value and a description of each accessory and item of optional equipment the lessor agrees to add to the vehicle after signing the lease.
(C)CA Civil Law Code § 2985.8(c)(2)(C) The premium for each policy of insurance.
(D)CA Civil Law Code § 2985.8(c)(2)(D) The amount charged for each service contract.
(E)CA Civil Law Code § 2985.8(c)(2)(E) Any charge for an optional debt cancellation agreement.
(F)CA Civil Law Code § 2985.8(c)(2)(F) Any outstanding prior credit or lease balance.
(G)CA Civil Law Code § 2985.8(c)(2)(G) An itemization by type and agreed-upon value of each good or service included in the gross capitalized cost other than those items included in the disclosures required in subparagraphs (A) to (F), inclusive.
(3)CA Civil Law Code § 2985.8(c)(3) The vehicle identification number of the leased vehicle.
(4)CA Civil Law Code § 2985.8(c)(4) A brief description of each vehicle or other property being traded in and the agreed-upon value of the vehicle or property if the amount due at the time of signing the lease or upon delivery is paid in whole or in part with a net trade-in allowance or the “Itemization of Gross Capitalized Cost” includes any portion of the outstanding prior credit or lease balance from the trade-in property.
(5)CA Civil Law Code § 2985.8(c)(5) The charge, if any, to be retained by the lessor for document processing authorized pursuant to Section 4456.5 of the Vehicle Code, which may not be represented as a governmental fee.
(6)CA Civil Law Code § 2985.8(c)(6) The charge, if any, to electronically register or transfer the vehicle authorized pursuant to Section 4456.5 of the Vehicle Code, which shall not be represented as a governmental fee.
(d)CA Civil Law Code § 2985.8(d) A lease contract shall contain, in at least 8-point boldface type, above the space provided for the lessee’s signature and circumscribed by a line, the following notice: “(1) Do not sign this lease before you read it or if it contains any blank spaces to be filled in; (2) You are entitled to a completely filled in copy of this lease; (3) Warning—Unless a charge is included in this lease for public liability or property damage insurance, payment for that coverage is not provided by this lease.”
(e)CA Civil Law Code § 2985.8(e) A lease contract shall contain, in at least 8-point boldface type, on the first page of the contract and circumscribed by a line, the following notice:
California law does not provide for a “cooling off” or other cancellation period for vehicle leases. Therefore, you cannot later cancel this lease simply because you change your mind, decided the vehicle costs too much, or wish you had acquired a different vehicle. You may cancel this lease only with the agreement of the lessor or for legal cause, such as fraud.”
(f)CA Civil Law Code § 2985.8(f) A lease contract shall contain, in at least 8-point boldface type, the following notice: “You have the right to return the vehicle, and receive a refund of any payments made if the credit application is not approved, unless nonapproval results from an incomplete application or from incorrect information provided by you.”
(g)CA Civil Law Code § 2985.8(g) The lease contract shall be signed by the lessor and lessee, or their authorized representatives, and an exact copy of the fully executed lease contract shall be provided to the lessee at the time of signing.
(h)CA Civil Law Code § 2985.8(h) A motor vehicle shall not be delivered under a lease contract subject to this chapter until the lessor provides to the lessee a fully executed copy of the lease contract.
(i)CA Civil Law Code § 2985.8(i) The lessor shall not obtain the signature of the lessee to a contract when it contains blank spaces to be filled in after it has been signed.
(j)CA Civil Law Code § 2985.8(j) If the lease contract contains a provision that holds the lessee liable for the difference between (1) the adjusted capitalized cost disclosed in the lease contract reduced by the amounts described in subparagraph (A) of paragraph (5) of subdivision (b) of Section 2987 and (2) the settlement proceeds of the lessee’s required insurance and deductible in the event of theft or damage to the vehicle that results in a total loss, the lease contract shall contain the following notice in at least 8-point boldface type on the first page of the contract:
In the event of theft or damage to the vehicle that results in a total loss, there may be a GAP between the amount due upon early termination and the proceeds of your insurance settlement and deductible. THIS LEASE PROVIDES THAT YOU ARE LIABLE FOR THE GAP AMOUNT. Optional coverage for the GAP amount may be offered for an additional price.”
(k)CA Civil Law Code § 2985.8(k) This section shall become operative on July 1, 2012.

Section § 2985.9

Explanation

This law explains that certain documents don’t need to be part of a vehicle lease contract. These include any express warranties, vehicle registration and ownership transfer papers, insurance and service agreements, and any documents showing the sale or lease of goods or services related to the leased vehicle that are separately listed in the costs of the lease.

The following documents and agreements are not required to be contained in a lease contract:
(a)CA Civil Law Code § 2985.9(a) An “express warranty,” as that term is defined in paragraph (1) of subdivision (a) of Section 1791.2, whether it relates to the sale or lease of a consumer good.
(b)CA Civil Law Code § 2985.9(b) Titling and transfer documents utilized to register, title, or transfer ownership of vehicles described in the lease contract with government registration authorities.
(c)CA Civil Law Code § 2985.9(c) Insurance policies, service contracts, and optional debt cancellation agreements.
(d)CA Civil Law Code § 2985.9(d) Documents that memorialize the sale or lease of goods or services, relating to the leased vehicle, between the provider of those goods or services and lessee that are included in the gross capitalized cost of the lease and separately itemized in the “Itemization of Gross Capitalized Cost.”

Section § 2986.10

Explanation

If a lessor's rights are assigned to someone else, the new party (assignee) inherits the same defenses and claims that the customer (lessee) had against the original lessor. However, the assignee's responsibility is capped at the amount still owed to them under this new arrangement. If the assignee ends up liable because of these defenses, they can go after the original lessor for compensation, regardless of the type of assignment agreement.

(a)CA Civil Law Code § 2986.10(a) An assignee of the lessor’s rights is subject to all equities and defenses of the lessee against the lessor, notwithstanding an agreement to the contrary, but the assignee’s liability may not exceed the amount of the obligation owing to the assignee at the time of the assignment.
(b)CA Civil Law Code § 2986.10(b) The assignee shall have recourse against the lessor to the extent of any liability incurred by the assignee pursuant to this section regardless of whether the assignment was with or without recourse.

Section § 2986.12

Explanation

In California, it is illegal for anyone leasing a vehicle to entice someone into a lease agreement by offering them any kind of benefit like a rebate, discount, or commission. This particularly applies if the benefit is tied to the condition that the person helps the lessor in leasing or selling vehicles to others.

It shall be unlawful for any lessor to induce or attempt to induce any person to enter into a contract subject to this chapter by offering a rebate, discount, commission or other consideration, on the condition that the lessee gives information or assistance for the purpose of enabling a lessor to either lease or sell a motor vehicle to another.

Section § 2986.13

Explanation

If you pay any money to a car lessor before signing a lease and the lease doesn't happen, you get your money back. Additionally, if a lease is breached by the lessor and you traded in your car as a downpayment, but it's not returned, you can get back either its market value or the value in the lease, whichever is higher, within five days. You can also pursue other legal options beyond this if needed.

(a)CA Civil Law Code § 2986.13(a) Any payment made by a lessee to a lessor pending the execution of a lease contract shall be refunded to the lessee in the event the lease contract is not executed.
(b)CA Civil Law Code § 2986.13(b) In the event of breach by the lessor of a lease contract where the lessee leaves his or her motor vehicle with the lessor as a trade-in downpayment and the motor vehicle is not returned by the lessor to the lessee for whatever reason, the lessee may recover from the lessor either the fair market value of the motor vehicle left as a downpayment or its value as stated in the lease contract, whichever is greater. The recovery shall be tendered to the lessee within five business days after the breach.
(c)CA Civil Law Code § 2986.13(c) The remedies of the buyer provided for in subdivision (b) are nonexclusive and cumulative and shall not preclude the lessee from pursuing any other remedy which he or she may have under any other provision of law.

Section § 2986.3

Explanation

This law states that lease contracts for vehicles shouldn't include certain unfair terms. First, you can't give someone the power to confess a judgment or assign your wages just because it's in the lease, except under separate rules. Second, you shouldn't be pressured to give up your right to sue someone if they do something illegal when collecting payments or repossessing the car. Third, the lease shouldn’t protect the lessor from being accountable for issues under the contract. Lastly, the lessor can't require you to start legal proceedings in a place that's different from where you signed the lease, live, or keep the car.

No lease contract shall contain any provision by which:
(a)CA Civil Law Code § 2986.3(a) A power of attorney is given to confess judgment in this state, or an assignment of wages is given; provided that nothing herein contained shall prohibit the giving of an assignment of wages contained in a separate instrument pursuant to Section 300 of the Labor Code.
(b)CA Civil Law Code § 2986.3(b) The lessee waives any right of action against the lessor or holder of the contract or other person acting on his or her behalf for any illegal act committed in the collection of payments under the contract or in the repossession of the motor vehicle.
(c)CA Civil Law Code § 2986.3(c) The lessee relieves the lessor from liability for any legal remedies which the lessee may have against the lessor under the contract or any separate instruments executed in connection therewith.
(d)CA Civil Law Code § 2986.3(d) The lessor or holder of the contract is given the right to commence action on a contract under the provisions of this chapter in a county other than the county in which the contract was in fact signed by the lessee, the county in which the lessee resides at the commencement of the action, the county in which the lessee resided at the time the contract was entered into or in the county in which the motor vehicle leased pursuant to such contract is permanently garaged.

Section § 2986.4

Explanation

This law requires that when a lessee acknowledges receiving certain lease documents, such acknowledgment must be clearly written in at least 10-point bold type and placed directly above their signature in the contract. If they sign this acknowledgment, it is presumed they received the documents, unless proven otherwise, in legal actions involving third parties. If a third party provides these documents or a related notice and the lessee doesn't notify them within 30 days about not receiving them, it is conclusively presumed the documents were delivered correctly.

Any acknowledgment by the lessee of delivery of a copy of a lease contract or purchase order and any vehicle lease proposal and any credit statement which the lessor has required or requested the lessee to sign, and which the lessee has signed, during the contract negotiations, shall be printed or written in size equal to at least 10-point bold type and, if contained in the contract, shall appear directly above the space reserved for the lessee’s signature. The lessee’s written acknowledgment, conforming to the requirements of this section, of delivery of a completely filled in copy of the contract, and a copy of such other documents shall be a rebuttable presumption of delivery in any action or proceeding by or against a third party without knowledge to the contrary when he or she acquired his or her interest in the contract. If such third party furnishes the lessee a copy of such documents, or a notice containing items set forth in subdivision (c) of Section 2985.8, and stating that the lessee shall notify such third party in writing within 30 days if he or she was not furnished a copy of such documents, and no such notification is given, it shall be conclusively presumed in favor of such a third party that copies of the documents were furnished as required by this chapter.

Section § 2986.5

Explanation

You can't lease a used car for driving in California if it doesn't have all the proper equipment required by the Vehicle Code. If you're extending or renewing a lease with the same person using the same vehicle, this rule doesn't apply. Also, if the lessee gives the lessor more money than needed for licensing or title transfer, the lessor must refund the extra amount, even if the lessee doesn't ask for it.

(a)CA Civil Law Code § 2986.5(a) No person shall lease a used motor vehicle for operation on California highways if such vehicle does not meet all of the equipment requirements of Division 12 (commencing with Section 24000) of the Vehicle Code. This subdivision does not apply to an extension or a subsequent lease of the same motor vehicle to the same lessee.
(b)CA Civil Law Code § 2986.5(b) If a lessee of a vehicle pays to the lessor an amount for the licensing or transfer of title of the vehicle which amount is in excess of the actual fees due for such licensing or transfer, or which amount is in excess of the amount which has been paid, prior to the sale, by the lessor to the state in order to avoid penalties that would have accrued because of late payment of such fees, the lessor shall return such excess amount to the lessee, whether or not such lessee requests the return of the excess amount.

Section § 2986.6

Explanation

This law states that in a vehicle lease agreement, you cannot use other property—like your home or other belongings—as collateral for the lease, except for the car and related equipment itself. The exception is for things like security deposits or advance rent payments, which are okay to include as part of the lease agreement.

No agreement in connection with a lease contract which provides for the inclusion of title to or a lien upon any personal or real property, other than the motor vehicle which is the subject matter of the lease contract, or accessories therefor, or special and auxiliary equipment used in connection therewith, as security for the payment of the contract obligations, shall be enforceable. This section does not apply to a security deposit, advance payment of rent or other cash prepayment.

Section § 2987

Explanation

If you're renting (or leasing) a car, you can end the lease early, but there are certain fees and charges you might have to pay. These include unpaid lease payments, any other owed amounts except for wear and mileage charges, and an early termination fee that can't be more than a reasonable disposition fee noted in your contract. If the car's a total loss, like after a theft or accident, insurance may cover some of this cost. The car's value in various situations helps figure out what you owe. If you return the vehicle early and pay everything you should, your credit shouldn't be hurt. When ending a lease, you get back any leftover deposit after covering what you owe. You can also choose to buy the car instead of just ending the lease. This law applies to leases made after January 1, 1998, and 'Rule of 78' can't be used for calculating charges.

(a)CA Civil Law Code § 2987(a) A lessee has the right to terminate a lease contract at any time prior to the scheduled expiration date specified in the lease contract. Except as provided in subdivision (f), all of the following subdivisions of this section apply in the event of an early termination.
(b)CA Civil Law Code § 2987(b) The lessee’s liability shall not exceed the sum of the following:
(1)CA Civil Law Code § 2987(b)(1) All unpaid periodic lease payments that have accrued up to the date of termination.
(2)CA Civil Law Code § 2987(b)(2) All other amounts due and unpaid by the lessee under the lease contract, other than excess wear and mileage charges and unpaid periodic lease payments.
(3)CA Civil Law Code § 2987(b)(3) Any charges, however denominated, that the lessor or holder of the lease contract may assess in connection with termination not to exceed in the aggregate the amount of a reasonable disposition fee, if any, disclosed in the lease contract and assessed upon termination of the lease contract.
(4)CA Civil Law Code § 2987(b)(4) In the event of the lessee’s default, reasonable fees paid by the lessor or holder for reconditioning of the leased vehicle and reasonable and necessary fees paid by the lessor or holder, if any, in connection with the repossession and storage of the leased vehicle.
(5)CA Civil Law Code § 2987(b)(5) The difference, if any, between the adjusted capitalized cost disclosed in the lease contract and the sum of (A) all depreciation and other amortized amounts accrued through the date of early termination, calculated in accordance with the constant yield or other generally accepted actuarial method, and (B) the realized value of the vehicle as provided in subdivision (c).
(c)CA Civil Law Code § 2987(c) Subject to subdivision (d), the realized value of the vehicle used to calculate the lessee’s liability under paragraph (5) of subdivision (b) shall be (1) if the lessee maintains insurance on the leased vehicle as required in the lease contract and the vehicle is a total loss as a result of theft or damage, the amount of any applicable insurance deductible owed by the lessee and the proceeds of the settlement of the insurance claim, unless a higher amount is agreed to by the holder of the lease contract, (2) if the lessee elects to have an appraisal conducted as provided in Regulation M, the value determined on appraisal, (3) if the holder of the lease contract or lessor elects to retain ownership of the vehicle for use or to lease to a subsequent lessee, the wholesale value of the vehicle as specified in the current edition of a recognized used vehicle value guide customarily used by California motor vehicle dealers to value vehicles in this state, including, but not limited to, the Kelley Blue Book Auto Market Report and the N.A.D.A. Official Used Car Guide, or (4) under all other circumstances, the higher of (A) the price paid for the vehicle upon disposition, or (B) any other amount established by the lessor or the lease contract.
(d)Copy CA Civil Law Code § 2987(d)
(1)Copy CA Civil Law Code § 2987(d)(1) The lessor or holder of the lease contract shall act in good faith and in a commercially reasonable manner in connection with the disposition of the vehicle.
(2)CA Civil Law Code § 2987(d)(2) In addition to the requirements of paragraph (1), any disposition of the vehicle shall be preceded by a notice complying with both of the following:
(A)CA Civil Law Code § 2987(d)(2)(A) The notice shall be in writing and given by the holder of the contract to each lessee and guarantor at least 10 days in advance of any disposition or the date by which the value of the vehicle will be determined pursuant to paragraph (3) of subdivision (c). The notice shall be personally served or shall be sent by certified mail, return receipt requested, or first-class mail, postage prepaid, directed to the last known address of each lessee and guarantor. One notice is sufficient if those persons are married to each other and the most recent records of the holder of the lease contract indicate that they reside at the same address. The last known address of each lessee and guarantor shall be presumed to be the address stated in the lease contract or guaranty for each lessee and guarantor unless the lessee or guarantor notifies the holder of the lease contract of a change of address.
(B)CA Civil Law Code § 2987(d)(2)(B) The notice shall set forth (i) the time and place of any public sale, the time on or after which a private sale or other intended disposition is to be made, or the date by which the value of the vehicle will be determined pursuant to paragraph (3) of subdivision (c), (ii) an itemization of all amounts claimed under paragraphs (1) to (4), inclusive, of subdivision (b), (iii) the amount of the difference between the adjusted capitalized cost and the sum of all depreciation and other amortized amounts paid through the date of early termination as provided in paragraph (5) of subdivision (b), (iv) the total of these amounts identified as the “Gross Early Termination Amount,” and (v) one of the following statements, whichever is applicable:
[To be inserted when the realized value will be determined pursuant to paragraph (3) of subdivision (c)]
“The amount you owe for early termination will be no more than the difference between the Gross Early Termination Amount stated above and (1) the appraised value of the vehicle or (2) if there is no appraisal, the wholesale value specified in a recognized used vehicle value guide.
You have the right to get a professional appraisal to establish the value of the vehicle for the purpose of figuring how much you owe on the lease. If you want an appraisal, you will have to arrange for it to be completed at least three days before the scheduled valuation date. The appraiser has to be an independent person acceptable to the holder of the lease. You will have to pay for the appraiser. The appraised value will be considered final and binding on you and the holder of the lease.”
[To be inserted in all other circumstances]
“The amount you owe for early termination will be no more than the difference between the Gross Early Termination Amount stated above and (1) the appraised value of the vehicle or (2) if there is no appraisal, either the price received for the vehicle upon disposition or a greater amount established by the lessor or the lease contract.
You have the right to get a professional appraisal to establish the value of the vehicle for the purpose of figuring how much you owe on the lease. If you want an appraisal, you will have to arrange for it to be completed at least three days before the scheduled sale date of the vehicle. The appraiser has to be an independent person acceptable to the holder of the lease. You will have to pay for the appraiser. The appraised value will be considered final and binding on you and the holder of the lease.”
(3)CA Civil Law Code § 2987(3) The lessee shall have no liability under subdivision (b) if the lessor or holder of the lease contract does not comply with this subdivision. This paragraph does not apply under all the following conditions:
(A)CA Civil Law Code § 2987(3)(A) Noncompliance was the result of a bona fide error in stating an amount required to be disclosed pursuant to clause (ii), (iii), or (iv) of subparagraph (B) of paragraph (2).
(B)CA Civil Law Code § 2987(3)(B) The holder of the lease gives the lessee written notice of the error within 30 days after discovering the error and before (i) an action is filed to recover the amount claimed to be owed or (ii) written notice of the error is received by the holder of the lease from the lessee.
(C)CA Civil Law Code § 2987(3)(C) The lessee is liable for the lesser of the originally claimed amount or the correct amount.
(D)CA Civil Law Code § 2987(3)(D) The holder of the lease refunds any amount collected in excess of the amount described in subparagraph (C) within 10 days after notice of the error is given. “Bona fide error,” as used in this paragraph, means an error that was not intentional and occurred notwithstanding the maintenance of procedures reasonably adapted to avoid that error. Examples of a bona fide error include clerical errors, calculation errors, errors due to unintentionally improper computer programming or data entry, and printing errors, but does not include an error of legal judgment with respect to a lessor’s or lease contractholder’s obligations under this section.
(4)CA Civil Law Code § 2987(4) This subdivision does not apply when the lessee maintains insurance on the leased vehicle as required in the lease contract and the vehicle is declared a total loss by the insurer as a result of theft or damage.
(e)CA Civil Law Code § 2987(e) The lessor or holder of the lease contract shall credit any security deposit or advance rental payment held by the lessor or holder of the lease contract against the lessee’s liability under the lease contract as limited by this section. The portion of a security deposit or advance rental payment, if any, remaining after the lessee’s liability under the lease contract as limited by this section has been satisfied shall be returned to the lessee within 30 days of the satisfaction of the obligation.
(f)CA Civil Law Code § 2987(f) Subdivisions (b) to (d), inclusive, do not apply if, prior to the scheduled expiration date specified in the lease contract, the lessee terminates the lease and purchases the vehicle or trades in the vehicle in connection with the purchase or lease of another vehicle. In such an event, the selling price of the leased vehicle, exclusive of taxes and other charges incidental to the sale, shall not exceed the sum of the following and shall relieve the lessee of any further liability under the lease contract:
(1)CA Civil Law Code § 2987(f)(1) All unpaid periodic lease payments that have accrued up to the date of termination.
(2)CA Civil Law Code § 2987(f)(2) All other amounts due and unpaid by the lessee under the lease contract, other than excess wear and mileage charges and unpaid periodic lease payments.
(3)CA Civil Law Code § 2987(f)(3) Any charges, however denominated, that the lessor or holder of the lease contract may assess in connection with termination of the lease contract and the acquisition of the vehicle, not to exceed in the aggregate the amount of a reasonable purchase option fee, if any, disclosed in the lease contract and assessed upon the scheduled termination of the lease contract.
(4)CA Civil Law Code § 2987(f)(4) The adjusted capitalized cost disclosed in the lease contract less all depreciation and other amortized amounts accrued through the date of early termination, calculated in accordance with the constant yield or other generally accepted actuarial method.
(g)CA Civil Law Code § 2987(g) If the lessee terminates a lease contract, voluntarily returns possession of the vehicle to the lessor, and timely pays all sums required under the lease contract as limited by this section, the lessor or holder shall not provide any adverse information concerning the early termination to any consumer credit reporting agency.
(h)CA Civil Law Code § 2987(h) The Rule of 78 shall not be used to calculate accrued rent charges.
(i)CA Civil Law Code § 2987(i) This section shall only apply to lease contracts entered into on and after January 1, 1998.

Section § 2988

Explanation

This law provides protection for people who lease cars and might face unfairly high costs at the end of the lease. It mandates that the company leasing out the vehicle must accurately estimate the car's value at the end of the lease and act in good faith. If they estimate the car’s value too high, making the lessee pay more, it should be reasonable, and there's a specific calculation to check this fairness. If the estimated value is more than three times the average monthly payment of the lease, it’s presumed unreasonable unless the damage is due to excessive use or damage beyond normal wear and tear. 'Fair market value' means the selling price in the usual market setting.

(a)CA Civil Law Code § 2988(a) The Legislature finds that it is necessary to provide some protection for consumers who enter into lease contracts in which the lessee will bear the risk of the motor vehicle’s depreciation. This section is intended to provide relief to the consumer when an ostensibly inexpensive lease contract establishes an excessively low level of periodic payment which results, conversely, in an excessively high liability being imposed on the lessee at the expiration of the lease term because the lessor has failed to act in good faith in either estimating a residual value of the motor vehicle or establishing a level of periodic payment which bears no reasonable relation to the motor vehicle’s reasonably expected depreciation during the lease term. Therefore, the lessor will have the obligation to act in good faith and to come forward with competent evidence showing that the estimated residual value was so determined given the circumstances existing at the inception of the lease contract.
(b)CA Civil Law Code § 2988(b) Where the lessee is to bear the risk of the motor vehicle’s depreciation and the lessee’s liability on expiration of a consumer lease is based on the estimated residual value of the motor vehicle such estimated residual value shall be a reasonable approximation of the anticipated actual fair market value of the motor vehicle on lease expiration. There shall be a rebuttable presumption that the estimated residual value is unreasonable to the extent that the estimated residual value exceeds the actual residual value by more than three times the average payment allocable to a monthly period under the lease. The presumption stated in the preceding sentence shall not apply to the extent the excess of estimated over actual residual value is due to physical damage to the motor vehicle beyond reasonable wear and use, or to excessive use, and the lease may set standards for such wear and use if such standards are not unreasonable.
(c)CA Civil Law Code § 2988(c) For the purposes of this chapter, “fair market value” means the value the motor vehicle would have when sold in a commercially reasonable manner in the customary market for such motor vehicle.

Section § 2988.5

Explanation

This law explains what happens if a landlord, known as a lessor, doesn't follow certain leasing rules. If they slip up, they might need to pay the person affected for any damages, plus additional penalties. In individual cases, penalties range from $100 to $1,000, while class action cases have different limits. If the landlord figures out their mistake within 15 days and fixes it before being sued, they might avoid penalties. Also, accidental mistakes due to honest errors may not lead to liability if the landlord had efforts in place to avoid such errors. Any lawsuit against the original landlord can be applied to any new person who takes over the lease, unless the handover wasn't their choice. Mistakes made under honest reliance on faulty laws won't lead to penalties. You can sue for multiple mistakes in the same lease but only get paid once, unless they keep making new errors. Finally, any lawsuit must be filed within a year after the lease ends.

(a)CA Civil Law Code § 2988.5(a) Except as otherwise provided by this section, any lessor who fails to comply with any requirement imposed under Section 2985.8 or 2988 for which no specific relief is provided with respect to any person shall be liable to such person in an amount equal to the sum of:
(1)CA Civil Law Code § 2988.5(a)(1) Any actual damages sustained by such person as a result of the failure.
(2)CA Civil Law Code § 2988.5(a)(2) In the case of an individual action, 25 percent of the total amount of monthly payments under the lease except that liability under this subparagraph shall not be less than one hundred dollars ($100) nor greater than one thousand dollars ($1,000); or in the case of a class action, such amount as the court may allow, except that as to each member of the class no minimum recovery shall be applicable, and the total recovery in such action shall not be more than the lesser of five hundred thousand dollars ($500,000) or 1 percent of the net worth of the lessor.
(3)CA Civil Law Code § 2988.5(a)(3) The costs of the action, together with a reasonable attorney’s fee as determined by the court.
(b)CA Civil Law Code § 2988.5(b) In determining the amount of award in any class action, the court shall consider, among other relevant factors, the amount of any actual damages sustained, the frequency and persistence of failure of compliance by the lessor, the resources of the lessor, the number of persons adversely affected, and the extent to which the lessor’s failure of compliance was intentional.
(c)CA Civil Law Code § 2988.5(c) A lessor shall not be liable under this section if within 15 days after discovery of an error, and prior to the institution of an action under this section or the receipt of written notice of the error, the lessor notifies the person concerned of the error and makes whatever adjustments in the appropriate account are necessary to insure that the person will not be required to pay any amount in excess of the amount that should correctly have been disclosed.
(d)CA Civil Law Code § 2988.5(d) A lessor may not be held liable in any action brought under this section for a violation of this chapter if the lessor shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid any such error.
(e)CA Civil Law Code § 2988.5(e) Except as otherwise specifically provided in this chapter, any civil action for a violation of this chapter which may be brought against the original lessor in any lease transaction may be maintained against any subsequent assignee of the original lessor where the violation from which the alleged liability arose is apparent on the face of the instrument assigned unless the assignment is involuntary.
(f)CA Civil Law Code § 2988.5(f) A person may not take any action to offset any amount for which a lessor is potentially liable to such person under paragraph (2) of subdivision (a) against any amount owing to such lessor by such person, unless the amount of the lessor’s liability to such person has been determined by judgment of a court of competent jurisdiction in an action to which such person was a party.
(g)CA Civil Law Code § 2988.5(g) No provision of this section imposing any liability shall apply to any act done or omitted in good faith conformity with any rule, regulation or interpretation of federal law, notwithstanding that after such act or omission has occurred, such rule, regulation or interpretation is amended, rescinded or determined by judicial or other authority to be invalid for any reason.
(h)CA Civil Law Code § 2988.5(h) The multiple failure to disclose any information required under this chapter to be disclosed in connection with a single lease transaction shall entitle the person to a single recovery under this section, but continued failure to disclose after a recovery has been granted shall give rise to rights to additional recoveries.
(i)CA Civil Law Code § 2988.5(i) Actions alleging a failure to disclose or otherwise comply with the requirements of this chapter shall be brought within one year of the termination of the lease contract.

Section § 2988.7

Explanation

This law says that if a leasing company does not follow a certain rule (Section 2985.8) on purpose, or if fixing the mistake would make the cost of the lease go up, the person leasing the item can cancel the contract. However, if the company decides not to charge the extra cost, the contract can't be canceled for this reason.

If the lessor fails to comply with Section 2985.8, as an alternative to an action under Section 2988.5, the lessee may rescind the contract if the failure to comply was willful, or if correction will increase the amount of the contract balance, unless the lessor waives the collection of the increased amount.

Section § 2988.9

Explanation

This law states that if there's a legal case about a lease agreement, the winning side can be awarded their lawyer fees and court costs. It doesn't matter who started the case—the landlord or the tenant. If the defendant claims they offered the plaintiff all the money owed before the case, and this is proven true by depositing the amount in court, then the defendant is considered the winner in terms of getting their legal costs covered.

Reasonable attorney’s fees and costs shall be awarded to the prevailing party in any action on a lease contract subject to the provisions of this chapter regardless of whether the action is instituted by the lessor, assignee, or lessee. Where the defendant alleges in his or her answer that he or she tendered to the plaintiff the full amount to which he or she was entitled, and thereupon deposits in court, for the plaintiff, the amount so tendered, and the allegation is found to be true, then the defendant is deemed to be the prevailing party within the meaning of this section.

Section § 2989

Explanation

If someone has already filed a civil lawsuit in federal court about the same issue against a landlord, you can't file another civil lawsuit for the same reason in state court under this law.

No civil action shall be filed against a lessor under the authority of this chapter if a federal civil action has previously been filed based on facts that give rise to a similar cause of action under this chapter.

Section § 2989.2

Explanation

This law covers situations where someone leasing a car is responsible for its value loss by the end of the lease. If the company leasing the car out wants to sell or find a value for it, they must do so in a fair and standard manner for that kind of car. If they're going to sell the car, they have to give the person leasing it at least 10 days' notice. This notice must clearly state any charges and inform them they can offer their own bid to buy the car. The notice has to be sent to the address on file or one the lessee has provided in writing, and it must be sent via certified mail or delivered in person.

Where the lessee is to bear the risk of the motor vehicle’s depreciation upon the scheduled expiration of the lease contract, the following applies:
(a)CA Civil Law Code § 2989.2(a) When disposing of a vehicle or obtaining cash bids for the purpose of setting the fair market value of a vehicle, the lessor shall act in a commercially reasonable manner in the customary market for such vehicle.
(b)CA Civil Law Code § 2989.2(b) Any provision in a lease contract to the contrary notwithstanding, at least 10 days written notice of intent to sell such motor vehicle shall be given by the holder of the contract to each lessee and guarantor, unless the lessor and lessee have agreed in writing to the amount of the lessee’s liability under the lease contract after the lessee returns the motor vehicle to the lessor, or the lessee has satisfied the lease contract obligations by payment to the lessor. The notice shall be personally served or shall be sent by certified mail, return receipt requested, directed to the address of the lessee shown on the contract, unless the lessee has notified the holder in writing of a different address. The notice shall set forth separately any charges or sums due and state that the lessee will be liable for the difference between the amount of liability imposed on the lessee at the expiration of the lease term and the actual cash value of the motor vehicle when it is sold. The notice shall also state that the lessee has the right to submit a cash bid for the purchase of the vehicle.

Section § 2989.4

Explanation

This law states that a vehicle leasing company (lessor) must do a few things. First, they need to make sure the leased vehicle is properly registered as per the lease contract. Second, when advertising a vehicle for lease, they must include either the vehicle identification number or license number in the ad. Third, they cannot refuse to lease a vehicle to someone who has good credit, at the advertised price, not including certain fees like taxes and registration. Additionally, the law clarifies that lessors will not be held civilly liable for breaking these specific rules.

(a)CA Civil Law Code § 2989.4(a) A lessor shall not:
(1)CA Civil Law Code § 2989.4(a)(1) Fail to register the leased vehicle pursuant to the lease contract.
(2)CA Civil Law Code § 2989.4(a)(2) Advertise any specific vehicle in the inventory of the lessor for lease without identifying such vehicle by either its vehicle identification number or license number.
(3)CA Civil Law Code § 2989.4(a)(3) Refuse to lease a vehicle to any creditworthy person at the advertised total price, exclusive of sales tax, vehicle registration fees and finance charges.
(b)CA Civil Law Code § 2989.4(b) Notwithstanding Section 2988.5, a lessor shall not suffer civil liability for a violation of this section.

Section § 2989.5

Explanation

If someone complains about a car lease, the car lease company must show the DMV their records about the deal, unless a special rule says otherwise. If the DMV thinks there’s a pattern of similar problems, they can get records about those too. If the lease company refuses, the DMV can ask a judge to make them hand over the records, and if the DMV wins, they can also get their legal costs paid back. For banks or related companies, the DMV must tell the right government agency if they see issues, and that agency must respond in 20 days. If they don’t, the DMV can ask the court to make them get the records.

(a)CA Civil Law Code § 2989.5(a) Except as provided in subdivision (c), a lessor shall make available to investigators of the Department of Motor Vehicles, upon presentation of an affidavit that the department has a consumer complaint within its jurisdiction, the records relevant to the transaction complained of. If the affidavit states that the department has reasonable cause to believe there is a pattern of conduct or common scheme in similar transactions, the records relevant to all such similar transactions shall be made available.
(b)CA Civil Law Code § 2989.5(b) Except as provided in subdivision (c), on petition of the department alleging the receipt of a consumer complaint within its jurisdiction and alleging that the lessor refuses to make available his records as required, the court shall order the lessor to make available such records or show cause why such records should not be produced. The department shall be awarded reasonable attorney’s fees and costs if it prevails in such action.
(c)Copy CA Civil Law Code § 2989.5(c)
(1)Copy CA Civil Law Code § 2989.5(c)(1) In the case of a financial institution, or a subsidiary or affiliated corporation of such institution, the Director of Motor Vehicles shall report in writing an apparent violation, or failure to comply with this chapter, evidenced by a consumer complaint, to the agency or department of the state or federal government responsible for supervising the leasing activities of such institution.
(2)CA Civil Law Code § 2989.5(c)(2) Within 20 days, such agency or department shall advise the director of the action taken with respect to such report.
(3)CA Civil Law Code § 2989.5(c)(3) If such agency or department fails to so advise the director, the director may commence an action to compel the agency or department to cause the production of the records relevant to the consumer complaint.

Section § 2989.6

Explanation

This law allows the Director of Motor Vehicles to make and enforce rules needed to put this chapter's provisions into practice. Whenever these rules are made, changed, or removed, they must follow a specific process outlined in another part of government rules.

The Director of Motor Vehicles may adopt and enforce rules and regulations as may be necessary to carry out or implement the provisions of this chapter.
Rules and regulations shall be adopted, amended or repealed in accordance with Chapter 4.5 (commencing with Section 11370) of Part 1 of Division 3 of Title 2 of the Government Code.

Section § 2989.8

Explanation

If someone intentionally breaks any rule outlined in this chapter, they’re committing a minor crime called a misdemeanor.

Any person who shall knowingly and willfully violate any provision of this chapter shall be guilty of a misdemeanor.

Section § 2990

Explanation

This law does not apply to transactions that are covered by another specific set of rules, which start at Section 2981.

This chapter shall not apply to any transaction which is regulated by Chapter 2b (commencing with Section 2981) of this title.

Section § 2991

Explanation

If a company or person provides a lease contract form to a landlord, they must also give a Spanish translation of the form if the landlord asks for it.

Any prospective assignee that provides a lessor under a lease contract with any preprinted form for use as a lease contract shall, upon the request of a lessor, provide the lessor with a Spanish language translation of the preprinted form.

Section § 2992

Explanation

If someone wants to assign a lease to another party and provides a preprinted lease form to the person originally leasing the item, the form must have enough space to include all necessary disclosures and costs. It also needs a separate area where both parties can note custom agreements about trade-ins or returns.

A prospective assignee that provides a lessor under a lease contract with a preprinted form for use as a lease contract shall design the form in such a manner so as to provide on its face sufficient space for the lessor to include all disclosures and itemizations required pursuant to Section 2985.8 and shall also contain on its face a separate blank space no smaller than seven and one-half square inches for the lessor and lessee to memorialize trade-in, turn-in, and other individualized agreements.

Section § 2993

Explanation

If you've leased out a vehicle and received a specific legal notice, you can't ask someone to track down or reclaim the vehicle without also updating them with the details of that notice at the same time and in the same way you make the request.

A holder of a lease contract, or the agent of a holder, who has received a notice pursuant to Section 7507.6 of the Business and Professions Code, shall not make a subsequent assignment to skip trace, locate, or repossess the vehicle without simultaneously, and in the same manner by which the assignment is given, advising the assignee of the assignment of the information contained in the notice. As used in this section, “assignment” has the same meaning set forth in Section 7500.1 of the Business and Professions Code.