(a) A consumer lease may prescribe standards and impose liability on the lessee for excess wear and tear of the leased goods if the standards and amounts of liability are reasonable and reasonably applied to compensate the holder due to damage, abuse or lack of maintenance, but not exceeding the estimated or actual cost of repair and refurbishing.
(b) Standards for excess wear and tear do not subject the lessee to liability for:
(1) Ordinary and expected wear, use and depreciation of the goods during the period of the lessee's possession and use; or
(2) Damage or repair to the extent:
(A) The leased goods are covered by insurance, warranty, or by a repair, service or maintenance agreement issued in connection with the lease;
(B) Recovery or repair under the insurance, warranty or agreement is available to the holder; and
(C) The lessee cooperates as necessary to submit, document and process a claim under the insurance, warranty or agreement.
(c) In connection with the expiration of a consumer lease of goods other than a motor vehicle, if the holder charges the lessee for excess wear and tear, the holder shall:
(1) Send to the lessee notice in a record of the nature and amount of the charges within five business days after the goods are returned to the holder; and
(2) Provide reasonable time and access for the lessee or another person designated by the lessee to examine the goods.
(d) The time is reasonable under subdivision (2) of subsection (c) of this section if it is no less than twelve business days after the holder sends the notice under subdivision (1) of subsection (c) of this section.
(e) In addition to charges for excess wear and tear under chapter 743k, a consumer lease of a motor vehicle may provide for the imposition of a reasonable charge for excess mileage.
(P.A. 02-81, S. 34.)
History: P.A. 02-81 effective July 1, 2003.