Notice of lessor’s intention to establish residual value of vehicle.
1. The lessor shall give the lessee written notice of his intention to establish the residual value of the vehicle under the vehicle lease or commercial vehicle lease at least 15 days before that action is taken. The notice must be given in person to the lessee or sent by mail to the address of the lessee shown on the lease, or to his last known address, unless the lessee has notified the lessor in writing of a different address.
2. The notice must:
(a) List separately any actual or estimated charges due under the vehicle lease or commercial vehicle lease as of the date of the notice, notwithstanding any possible limitations on the liability of the lessee provided by the Consumer Leasing Act of 1976 (15 U.S.C. § 1667b);
(b) Inform the lessee that he has the right to submit a written bid for the purchase of the vehicle before its value is established; and
(c) Inform the lessee of the probable residual value of comparable vehicles on the date of the notice as estimated in the then current version of the Kelley Blue Book or its equivalent.
3. If the lease is not in default and has not been terminated before its scheduled expiration, the notice must also inform the lessee that his maximum total liability under the vehicle lease or commercial vehicle lease is limited to three times the average payment allocable to a monthly period under the lease if the estimated residual value exceeds the actual residual value and the difference is not the result of physical damage to the vehicle beyond reasonable wear and use or to excessive use.
Last modified: February 27, 2006