Section 341. Restriction on early termination liability  


Latest version.
  • 1.  If an agreement
      is  terminated  early  and there is no option to purchase the vehicle or
      the lessee does not exercise any option he or she may have  to  purchase
      the  vehicle,  the  early  termination  obligation of the lessee may not
      exceed an amount equal to the sum of:
        (a) any unpaid rental payments that accrued through the date of  early
      termination;
        (b)  any  other  unpaid  charges,  other  than excess mileage charges,
      arising from the failure of the lessee to fulfill his or her obligations
      under the agreement;
        (c) any official fees and  taxes  imposed  in  connection  with  lease
      termination;
        (d)  a  reasonable disposition fee or, in lieu thereof, the reasonable
      costs of retaking, storing, preparing for sale and selling the vehicle;
        (e) the difference, if any,  between:  (i)  the  adjusted  capitalized
      cost,  and  (ii) the sum of all depreciation amounts accrued through the
      date of early termination, calculated in accordance  with  the  constant
      yield  method  or any other generally accepted actuarial method, and the
      realized value of the vehicle; and
        (f) an additional early termination  charge  which  is  reasonable  in
      light  of  the anticipated or actual harm caused by the default or early
      termination, the difficulties of proof of loss and the inconvenience  or
      nonfeasibility of otherwise obtaining an adequate remedy.
        As  an  alternative to the constant yield and other generally accepted
      actuarial  methods  of  determining  the  depreciation  amounts  accrued
      through   the   date   of  early  termination  of  a  precomputed  lease
      transaction, those amounts may be determined under paragraph (e) of this
      subdivision by using a retail lease  agreement  under  which  the  lease
      charge  is  calculated  on  the  adjusted  capitalized cost for the time
      outstanding according to a generally accepted actuarial method.
        2. This section does not limit or restrict the manner  of  calculating
      the  early  termination  liability  of  a  lessee,  whether  by  way  of
      unamortized capitalized cost,  discounted  present  value  of  remaining
      rental  payments, multiples of monthly payments or otherwise, so long as
      the early termination liability of  the  lessee  does  not  exceed  that
      permitted by this section.
        3.  Any  refundable security deposit or advance rental payment held by
      the holder may be retained by the holder and shall be  credited  against
      the early termination obligation of the lessee.