(a) The consumer’s liability for loss or damage to the property which is the subject of the rental-purchase agreement shall in no event exceed the lesser of (1) the fair market value at the time of the loss or damage or (2) the amount that would be necessary for the renter to exercise the purchase option provided in subdivision (a) of Section 1812.632.
(b) A lessor and a consumer may agree that the consumer may be liable for loss only up to the maximum amount described in subdivision (a) and only for one of the following:
(1) Loss caused by the consumer’s negligent, reckless, or intentional acts.
(2) Loss caused by the theft of the property subject to the rental-purchase agreement unless one of the following is applicable:
(A) There is evidence of a burglary of the premises in which the property is located, such as physical evidence or an official report filed by the consumer with the police or other law enforcement agency.
(B) The consumer establishes by the preponderance of the evidence that the consumer has not committed or aided or abetted in the commission of the theft of the property.
(Added by Stats. 1994, Ch. 1026, Sec. 1. Effective January 1, 1995.)
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