2011 South Dakota Code
Title 54 DEBTOR AND CREDITOR
Chapter 06A. Lease-Purchase Agreements For Personal Property
§54-6A-7 Reinstatement of agreement--Repossession.

54-6A-7. Reinstatement of agreement--Repossession. A consumer who fails to make a timely rental payment may reinstate the agreement, without losing any rights or options which exist under the agreement, by the payment of:

(1) All past due rental charges;

(2) If the property has been picked up, the reasonable costs of pickup and redelivery; and

(3) Any applicable late fee, within five days of the renewal date if the consumer pays monthly, or within two days of the renewal date if the consumer pays more frequently than monthly.

In the case of a consumer who has paid less than two-thirds of the total of payments necessary to acquire ownership and if the consumer has returned or voluntarily surrendered the property, other than through judicial process, during the applicable reinstatement period set forth in this section, the consumer may reinstate the agreement during a period of not less than twenty-one days after the date of the return of the property.

In the case of a consumer who has paid two-thirds or more of the total of payments necessary to acquire ownership, and if the consumer has returned or voluntarily surrendered the property, other than through judicial process, during the applicable period set forth in this section, the consumer may reinstate the agreement during a period of not less than forty-five days after the date of the return of the property.

Nothing in this section prevents a lessor from attempting to repossess property during the reinstatement period, but such a repossession does not affect the consumer's right to reinstate. Upon reinstatement, the lessor shall provide the consumer with the same property or substitute property of comparable quality and condition.

Source: SL 1991, ch 393, § 7.