2019 Delaware Code
Title 6 - Commerce and Trade
Chapter 76. Delaware Lease-Purchase Agreement Act
§ 7607 Lessee’s reinstatement rights.
(a) A lessee who fails to make timely lease payments may reinstate the original lease-purchase agreement without losing any rights or options previously acquired under the lease-purchase agreement if both of the following apply:
(1) After having failed to make a timely payment, the lessee has surrendered the property to the lessor, if and when requested by the lessor; and
(2) In the case of a lessee that has paid less than 60 percent of the total of payments necessary to acquire ownership of the property, not more than 60 days has passed since the lessee returned the property. If the lessee has paid more than 60 percent of the total of payments necessary to acquire ownership of the property, the lessee’s rights to reinstate shall be extended for a period of not less than l80 days after the lessee has returned the property.
(b) Charges. — As a condition to reinstating a lease-purchase agreement, a lessor may charge the outstanding balance of any accrued payments and delinquency charges, a reinstatement fee not to exceed $5.00, and a reasonable delivery charge, if redelivery of the item is necessary.
(c) Substitute items. — If reinstatement occurs pursuant to this section, the lessor shall provide the lessee with the same item, if available, leased by the lessee before reinstatement. If the same item is not available, a substitute item of comparable worth, quality and condition may be used. If a substitute item is provided, the lessor shall provide the lessee with all the information required by § 7603 of this title.
68 Del. Laws, c. 59, § 1.
