Michigan Compiled Laws
Act 424 of 1984 - Rental-Purchase Agreement Act (445.951 - 445.970)
Section 445.958 - Failure to Make Timely Periodic Payment; Rights of Lessee; Reinstatement; Late or Delivery Fee; Same or Substitute Item Provided on Reinstatement.

Sec. 8.
(1) A lessee who fails to make a timely periodic payment may reinstate the original rental-purchase agreement without losing any rights or options previously acquired under the rental-purchase agreement by paying the past due periodic payment, any applicable late fee, and, if redelivery of an item is necessary, a delivery fee not to exceed the original delivery fee, by the later of the following dates:
(a) 7 days after failing to make the timely periodic payment.
(b) 90 days after failing to make the timely periodic payment, if the lessee returns or voluntarily surrenders the item, other than through judicial process, within 7 days after failing to make the timely periodic payment.
(2) A lessee shall not be charged a late fee for failure to make a timely periodic payment unless the periodic payment is more than the following number of days past due:
(a) 5 days, if the periodic payment is due monthly or less frequently.
(b) 2 days, if the periodic payment is due more frequently than monthly.
(3) A late fee shall not exceed the greater of $10.00 or 5% of the amount of the missed payment.
(4) If reinstatement occurs pursuant to this section, the lessor shall provide the lessee with either the same item leased by the lessee prior to reinstatement or a substitute item of comparable quality and condition. If a substitute item is provided, the lessor shall provide the lessee with all of the information required in section 3.
History: 1984, Act 424, Eff. Mar. 29, 1985 ;-- Am. 2012, Act 584, Imd. Eff. Jan. 3, 2013

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 445 - Trade and Commerce

Act 424 of 1984 - Rental-Purchase Agreement Act (445.951 - 445.970)

Section 445.951 - Short Title.

Section 445.952 - Definitions.

Section 445.953 - Rental-Purchase Agreement; Form; Contents; Information Requirements; Separate Form; Disclosure of Additional Information.

Section 445.954 - Amount Necessary to Acquire Ownership; Amount Applied Toward Purchase Price.

Section 445.955 - Advertising Requirements; Requirements as to Items Displayed or Offered Under Rental-Purchase Agreement.

Section 445.956 - Prohibited Provisions in Rental-Purchase Agreement.

Section 445.957 - Prohibited Requirements.

Section 445.958 - Failure to Make Timely Periodic Payment; Rights of Lessee; Reinstatement; Late or Delivery Fee; Same or Substitute Item Provided on Reinstatement.

Section 445.959 - Temporary or Permanent Injunction; Venue; Costs; Civil Penalty; Notice of Intended Action; Opportunity to Cease and Desist or to Confer With Attorney General; Notice of Alleged Violation; Civil Penalty for Knowing Violation.

Section 445.960 - Assurance of Discontinuance.

Section 445.961 - Subpoena; Service and Contents of Notice; Extension of Reporting Date; Modification or Setting Aside of Notice and Subpoena; Confidentiality; Disclosures; Disclosure as Misdemeanor; Penalty.

Section 445.962 - Compliance With Terms of Notice; Prohibited Conduct; Civil Penalty; Petition for Order to Enforce Compliance; Violation of Final Order as Civil Contempt; Enjoining Person From Doing Business in State.

Section 445.963 - Class Action for Actual Damages; Order; Appointment of Receiver; Sequestration of Assets; Cost of Notice; Effect of Bona Fide Error; Limitations.

Section 445.964 - Action for Declaratory Judgment or Injunction; Action for Actual Damages and Attorneys' Fees; Class Action for Actual Damages; Order; Appointment of Receiver; Sequestration of Assets; Cost of Notice to Class; Effect of Bona Fide Eff...

Section 445.965 - Mailing Copy of Complaint, Judgment, Decree, or Order to Attorney General.

Section 445.966 - Payment of Filing Fees.

Section 445.967 - Aid and Assistance of Law Enforcement Officer.

Section 445.968 - Investigation and Prosecution by Prosecuting Attorney.

Section 445.969 - Other Causes of Action Not Affected; Inconsistent Ordinance or Regulation Prohibited.

Section 445.970 - Example of Form Satisfying Requirements of Act.