Obligations Arising From Particular TransactionsCalifornia Rental-purchase Act
Section § 1812.620
Section § 1812.621
This law ensures that when people enter rent-to-own contracts, they know all the important details like costs and their responsibilities. It aims to protect consumers from tricky contract terms and unfair practices. The law sets clear rules to prevent sneaky charges, keep contracts fair, and make sure faulty rental items are fixed or replaced. It also links these contracts to existing consumer protection laws.
Section § 1812.622
This section defines important terms related to rental-purchase agreements. An advertisement refers to commercial promotions for rental-purchase transactions. A consumer is someone who rents personal property under such an agreement, while a lessor is the one providing this property. A rental-purchase agreement allows consumers to rent property, usually for less than four months, with an option to buy. It excludes things like retail installment sales and consumer credit contracts. It also outlines terms like cash price, cost of rental, and terms like appliance and electronic set. Finally, it covers technology-related terms like geophysical location tracking, monitoring technology, and the requirement for express consent for using such technologies.
Section § 1812.623
This law requires all rental-purchase agreements to be in a single document, listing all terms clearly and using a language and font size that were used in negotiations. It mandates the disclosure of details like the lessor's and consumer's information, the condition of the property (new or used), the rental terms, and payment amounts. It also outlines the total cost to own the property, any additional fees, the consumer's liability in case of loss or damage, the conditions for ownership transfer, and the lessor's maintenance obligations. The law requires certain financial details to be highlighted in a bold box near the consumer's signature and affixed to the property or its image for clarity.
You must pay this
amount to
own the property
if you make all
the regular
payments.
the property
for less
under the
early
purchase
option.
price you will pay if
you make all regular
payments.
price for cash from the
lessor. See about your
EACH PAYMENT
(insert period)
OF
PAYMENTS
PERIOD
Section § 1812.624
This law outlines rules for rental-purchase agreements, preventing unfair terms from being included in contracts. Lenders can't make renters agree to things like giving up the right to fight charges, paying unreasonable fees, or allowing repossession of items without permission. Renters shouldn't have to buy insurance from the lender or pay extra fees for things like late payments or canceling the agreement. Any contract with these banned terms is not valid, and renters can choose to reject it.
Section § 1812.625
If you're renting property, the landlord (or lessor) can ask you for a security deposit, but it can't be more than one month's rent. This deposit is meant to cover any damages beyond normal wear and tear. If you move out, the landlord has two weeks to return the deposit, minus any deductions for damages. If they do take out money, they have to give you a detailed explanation of the charges. This return and explanation can be sent to you personally or through first-class mail.
Section § 1812.626
This law talks about late payment fees in rental-purchase agreements. It says a landlord can charge a late fee if it's in the agreement, but not for payments less than three days late with weekly payments or less than seven days for longer terms. More than one late fee can be applied, but the total can't go over 5% of the payment or $5, whichever is less, with a minimum of $2. Once the maximum fee is hit, no more fees for that payment can be charged.
Section § 1812.627
This law relates to what happens if property in a rental-purchase agreement gets lost or damaged. A renter's liability can't be more than either the property's fair market value or the amount needed to buy it outright. The renter might only be responsible for a limited amount if the damage is due to their negligence or reckless actions or if the property is stolen. There's an exception for theft if there's proof of a burglary or if the renter can prove they didn't participate in the theft.
Section § 1812.628
This law states that a rental-purchase agreement is considered a home solicitation contract if it lasts more than a week and is made away from usual business locations. It also gives consumers the right to cancel such agreements without any penalties if they haven't yet received the rented item.
Section § 1812.629
This law outlines the obligations of a rental company (lessor) when entering into a rental-purchase agreement with a consumer. It states that the consumer has the right to get a sample of the rental agreement and take it away to review before signing. The rental company cannot ask the consumer to sign if there are any blank spaces in the contract that might be filled in later. The consumer must also receive a complete copy of the signed rental agreement, and it won't be legally binding until they do. Moreover, each time the consumer makes a payment, they must receive a receipt.
Section § 1812.630
If an ad for a rent-to-own agreement mentions any payment amounts, it must clearly state certain details like whether the item is used, that you don’t own the item until all payments are completed, and the total number of payments needed to own it. If multiple items are advertised together, the ad should include a table showing the least and most expensive total payment plans. Also, if the ad claims 'no credit check,' the company can’t ask about your credit or check your credit history.
Section § 1812.631
This law explains when a person renting something under a rent-to-own agreement is considered behind on payments, or in 'default'. If payments are weekly and more than seven days late, or if payments are less frequent and more than ten days late, the renter is in default. However, they can fix this and keep their original agreement by paying what's owed plus any late fees within a week for weekly payment agreements or ten days for longer terms. Consumers might lose the right to reinstate if they've stolen, damaged the property intentionally, or been late three times in a row. The lender must prove any denial of reinstatement. The renter usually must get the same or similar item back if things are made right, unless they violated specific conditions.
Section § 1812.632
If you have a rental-purchase agreement in California, you can buy the rented item within three months by paying the cash price minus what you've already paid. Your rental company must inform you of this right and the amount to be paid within 10 days of signing the agreement. After the three-month period, you can still buy the item anytime, but the cost may involve additional calculations based on remaining payments. If you've paid half of the payments and your income drops by 25% or more due to certain circumstances like job loss or illness, your rental payments can be reduced. You must provide proof of income reduction for this to apply. The rental company can't increase the total cost due to this reduction, and once your income is back, payments can return to the original amount.
Section § 1812.633
This law requires landlords to keep rental items in good working condition without charging extra fees, beyond regular rent payments. If something breaks, it must be fixed or replaced at no cost to the tenant within two business days. If repairs take longer, a temporary replacement must be provided. Permanent replacements are needed if the issue isn't fixed in 30 days and should match the original item's brand and quality. Tenants don't pay rent for equipment that doesn't work. The law doesn't cover damage caused by the tenant's irresponsible actions, and landlords must prove if non-compliance is justified. Lastly, landlords can't provide items they know are faulty.
Section § 1812.634
If someone owns a rental property and decides to sell it, they must pass on any remaining warranties for the property to the new owner. These warranties, originally given by the manufacturer, distributor, or seller, should still be valid for the new owner as if they were the original buyer.
Section § 1812.635
This law section dictates when and how a lessor can sell a service contract for rental property. They cannot offer a service contract that covers the property during an active rental agreement. However, they can sell one after the renter owns the property, but only if the renter has made half the payments or taken ownership, and the purchase is clearly stated as optional. If a renter defaults on payments but bought a service contract beforehand, the lessor must refund what the renter paid for the contract within two weeks after the last payment.
Section § 1812.636
If a renter is harmed because a rental company breaks the rules, they can get compensation which includes actual damages and potentially more money depending on the total rental payments they'd owe. They can also have their lawyer fees and court costs covered. If the company's actions were intentional or really bad, the court might award additional damages. Lastly, the court can decide on other fair solutions. If multiple renters are involved in the same rental agreement, only one compensation will apply to all of them for the same violation.
Section § 1812.637
This law says that if a company renting out items (lessor) makes an honest mistake in their contract, like a math or typing error, they're not in trouble if they let the customer know in writing within 30 days of finding the mistake. The company can’t charge more if fixing the mistake means raising payment amounts, but they have to give you a refund if it should lower the payments you made.
Section § 1812.638
This law ensures that lessors must behave fairly and truthfully when collecting payments or repossessing property associated with rental-purchase agreements. They can't lie, engage in unfair practices, or bother consumers at inconvenient times or places, including their work. When contacting other people to find the consumer or rental property, lessors must identify themselves and can't hint that they're collecting a debt. They should avoid repeated calls and must respect privacy if informed by the consumer's attorney. Harassing, threatening, or abusing anyone in these dealings is prohibited. Finally, if a consumer asks in writing to stop all communications, lessors must comply, except to inform the consumer of legal actions or termination of communication.
Section § 1812.639
This law states that anyone renting out goods (the lessor) is not allowed to act unfairly, illegally, or deceptively, nor can they lie or make misleading claims when making a rent-to-own deal.
Section § 1812.640
If a rental business advertises that it doesn't check your credit or implies they won't look at your credit history, they can't report any late payments or repossessions to credit reporting agencies. This rule also applies if they don't check your credit report before agreeing to the rental deal.
Section § 1812.641
In California, landlords can't send marketing materials to someone you've listed as a reference on your rental application unless they follow some rules. First, they have to tell you upfront in your rental agreement that they might do this, but you can say no without any penalty. There should be a clear spot for you to say if you're okay with it. If you say yes, the landlord can't change any important terms of your agreement just because of your decision. Also, when they first contact your reference, they must give the reference an easy, free way to stop any more marketing from coming their way. However, this law doesn't cover general mailings sent based on things like where people live, rather than being a specific reference you've named.
Section § 1812.642
This law prevents someone who is leasing goods (the lessor) from discriminating against a person who wants to rent those goods for any reason that would be illegal if the same person was applying for credit, based on Federal credit laws. However, it clarifies that renting items through a rental-purchase agreement is not the same as taking out credit.
Section § 1812.643
If you, as a landlord, are having more than one person sign a rent-to-own contract, you generally need to give each person a special notice about their responsibilities before they sign. This doesn't apply if the signers are married or already have the property. The notice explains that cosigners have the same responsibilities as any renter and may have to pay everything owed if others don't pay. It must be in bold and in English and Spanish, plus any other language if necessary. If the notice is part of the agreement, it needs to be in a specific place; if separate, it must clearly identify the involved parties and contract. Each person must also get a contract copy first. If they don’t get the notice and contract as required, they aren’t liable.
Section § 1812.644
This law deals with rules for rental-purchase agreements. A lessor must keep records of how much they paid for each rented item and maintain copies for two years after the agreement ends. The first rental price tag can't be more than 1.65 to 1.9 times what the lessor paid, depending on the item's type. For second and future rentals, payment caps depend on prior rental payments received and should follow specific calculations—different for items like electronics or furniture. If the lessor charges too much, the agreement becomes invalid, and the consumer can keep the item without paying. Authorities can request these records if needed.
Section § 1812.645
This law states that if there's a legal case regarding a rental-purchase agreement, it should take place either in the county where the agreement was signed or where the consumer lives when the case starts.
Section § 1812.646
This law says that if a consumer or someone leasing (lessor) tries to give up or change any part of this title, it won't be valid or enforceable because it goes against public policy.
Section § 1812.647
If someone intentionally breaks any rule in this particular set of laws, it's considered a misdemeanor, which is a minor criminal offense.
Section § 1812.648
This section means that the rights, remedies, and penalties provided by this title add to those available under other laws. They don’t replace or limit any other legal options you might have.
Section § 1812.649
This section says that if a part of this law is found to be invalid or unenforceable for some reason, that problem doesn't affect the rest of the law. The other sections of the law will still stand and be in effect as much as possible without the invalid part. This is known as the concept of 'severability.'
Section § 1812.650
If you're renting an electronic device that can track your location, the company renting it to you must clearly let you know and get your permission before doing so. They can't track you without this permission, except if you're breaking the rental agreement, or you specifically ask them. Also, any tracking capability should be clearly visible and should stop once you fully own the device. If they provide remote support, they'll only collect data needed for that, and they can't keep or sell your information. Lastly, if you don't agree to these terms, they don't have to rent you the device.