reglab/housing_qa huggingface dataset:
CO Code § 5-10-502 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 10 - Rental Purchase Agreements|Part 5 - Limitation on Agreements and Practices|§ 5-10-502. Prohibited Provisions

  A rental purchase agreement shall not contain a provision requiring any of the following:   Assignment of earnings. No lessor shall accept an assignment of earnings from the lessee for payment or as security for payment of a charge arising out of a rental purchase agreement. An assignment of earnings in violation of this paragraph (a) is unenforceable by the assignee of the earnings and revocable by the lessee. This paragraph (a) shall not prohibit a lessee from voluntarily authorizing deductions from his earnings if the authorization is revocable and otherwise permitted by law.    Authorization to confess judgment. No lessor shall take or accept a power of attorney or other authorization from the lessee, or other person acting on his behalf, to confess judgment.    Waivers. No lessor may require a lessee to waive service of process or to waive any defense, counterclaim, or right of action against the lessor, or a person acting on the lessor's behalf as the lessor's agent in collection of payments under the lease or in the repossession of the lease property.    Breach of the peace. No lessor may require a lessee to authorize the lessor or a person acting on the lessor's behalf to enter unlawfully upon the lessee's premises or to commit any breach of the peace in the repossession of the lease property.    Garnishment of wages. No lessor may require a lessee to authorize a prejudgment garnishment of the lessee's wages.        History. Source: L. 90: Entire article added, p. 370, § 1, effective January 1, 1991.
CO Code § 5-10-503 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 10 - Rental Purchase Agreements|Part 5 - Limitation on Agreements and Practices|§ 5-10-503. Balloon Payments

 A lessee shall not be required to make a payment in addition to regular lease payments in order to acquire ownership of the lease property, nor shall the lessee be required to pay lease payments totaling more than the cost to acquire ownership, as provided in section 5-10-401 (1)(b) .   History. Source: L. 90: Entire article added, p. 371, § 1, effective January 1, 1991.
CO Code § 5-10-504 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 10 - Rental Purchase Agreements|Part 5 - Limitation on Agreements and Practices|§ 5-10-504. Prohibited Charges

  A lessor shall not contract for or receive charges for any of the following:   The purchase of insurance by the lessee from the lessor;    A penalty for early termination of a rental purchase agreement or for the return of an item at any point, except for those charges authorized by sections 5-10-601 and 5-10-602; or    A payment by a co-signer of the rental purchase agreement for any fees or charges which could not be imposed upon the lessee as part of the rental purchase agreement.       No payment or obligation on the part of the lessee shall accrue when the property is being repaired or replaced unless a loaner is provided to the lessee.     History. Source: L. 90: Entire article added, p. 371, § 1, effective January 1, 1991.
CO Code § 5-10-602 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 10 - Rental Purchase Agreements|Part 6 - Limitations on Charges|§ 5-10-602. Reinstatement Fees

 A reinstatement fee as provided for in section 5-10-701 shall equal the outstanding balance of any accrued missed payments and late charges plus an additional fee not to exceed five dollars.   History. Source: L. 90: Entire article added, p. 372, § 1, effective January 1, 1991.
CO Code § 5-10-603 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 10 - Rental Purchase Agreements|Part 6 - Limitations on Charges|§ 5-10-603. Liability Damage Waivers - Fees

  In addition to the other charges permitted by this part 6, the parties may contract for a liability waiver fee not to exceed the greater of ten percent of any periodic lease payment due or two dollars in the case of any rental purchase agreement with weekly or biweekly renewal dates, and not to exceed the greater of ten percent of any periodic lease payment due or five dollars in the case of any rental purchase agreement with monthly renewal dates. The selling or offering for sale of a liability damage waiver pursuant to this article is subject to the following prohibitions and requirements:   A lessor may not sell or offer to sell a liability damage waiver unless all restrictions, conditions, and exclusions are printed in the rental purchase agreement, or in a separate agreement, in eight-point type, or larger, or written in pen and ink or typewritten in or on the face of the rental purchase agreement in a blank space provided therefor. The liability damage waiver may exclude only loss or damage to the property which is the subject of the rental purchase agreement due to moisture, scratches, mysterious disappearance, vandalism, abandonment of the property, or due to any other damages caused intentionally by the lessee or which result from the lessee's willful or wanton misconduct.    The liability damage waiver agreement must include a statement of the total charge for the liability damage waiver. The liability damage waiver agreement must display in eight-point boldface type the following notice:    The restrictions, conditions, and exclusions of the liability damage waiver must be disclosed on a separate agreement, sheet, or handout given to the lessee prior to entering into the rental purchase agreement. The separate contract, sheet, or handout must be signed, or otherwise acknowledged by the lessee as being received prior to entering into the rental purchase agreement.        NOTICE: THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A LIABILITY DAMAGE WAIVER TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE PROPERTY. BEFORE DECIDING WHETHER TO PURCHASE THE LIABILITY DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN HOMEOWNERS OR CASUALTY INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL PROPERTY, AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. THE PURCHASE OF THIS LIABILITY DAMAGE WAIVER IS NOT MANDATORY AND MAY BE DECLINED.   History. Source: L. 90: Entire article added, p. 372, § 1, effective January 1, 1991.
CO Code § 5-10-604 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 10 - Rental Purchase Agreements|Part 6 - Limitations on Charges|§ 5-10-604. Taxes

 In addition to those charges allowable by this part 6, the lessor may require the lessee to pay all applicable state sales and use taxes levied in connection with the rental purchase agreement.   History. Source: L. 90: Entire article added, p. 373, § 1, effective January 1, 1991.
CO Code § 5-10-701 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 10 - Rental Purchase Agreements|Part 7 - Remedies|§ 5-10-701. Lessee's Remedies - Reinstatement

  A lessee who breaches any rental purchase agreement, including but not limited to the failure to make timely rental payments, has the right to reinstate the original rental purchase agreement without losing any rights or options previously acquired under the rental purchase agreement if both of the following apply:   Subsequent to having failed to make a timely rental payment, the lessee has promptly surrendered the property to the lessor, in the manner as set forth in the rental purchase agreement, and if and when requested by lessor; and    Not more than sixty days have passed since the lessee returned the lease property; except that if the lessee has made more than sixty percent of the total number of payments required under the rental purchase agreement to acquire ownership, such sixty-day period shall be extended to a one-hundred-twenty-day period.       As a condition precedent to reinstatement of the rental purchase agreement, a lessor may collect a reinstatement fee as set forth in section 5-10-602, plus delivery charges allowable by section 5-10-601 (2) if redelivery of the item is necessary.    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 equivalent quality and condition. If a substitute item is provided, the lessor shall provide the lessee with all the information required by section 5-10-401.     History. Source: L. 90: Entire article added, p. 373, § 1, effective January 1, 1991.
CO Code § 5-10-702 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 10 - Rental Purchase Agreements|Part 7 - Remedies|§ 5-10-702. Limitations on Lessor's Remedies

 With respect to a debt arising from a rental purchase agreement, regardless of where made, the lessor may not attach unpaid earnings of the debtor by garnishment or like proceedings prior to the entry of judgment in an action against the lessee arising from the said rental purchase agreement.   History. Source: L. 90: Entire article added, p. 374, § 1, effective January 1, 1991.
CO Code § 5-10-703 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 10 - Rental Purchase Agreements|Part 7 - Remedies|§ 5-10-703. Assignee Liability

  With respect to a rental purchase agreement, an assignee of the rights of the lessor is subject to all claims and defenses of the lessee against the lessor arising from the lease of property or services, notwithstanding that the assignee is the holder in due course of a negotiable instrument issued in violation of the provisions prohibiting certain negotiable instruments.    A claim or defense of a lessee specified in subsection (1) of this section may be asserted against the assignee under this section only to the extent of the amount owing and paid to the assignee and assignor.    An agreement may not limit or waive the claims or defenses of a lessee under this section.     History. Source: L. 90: Entire article added, p. 374, § 1, effective January 1, 1991.
CO Code § 5-10-704 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 10 - Rental Purchase Agreements|Part 7 - Remedies|§ 5-10-704. Notice of Assignment

 The lessee is authorized to pay the original lessor until the lessee receives written notification that the rights to payment pursuant to a rental purchase agreement have been assigned to an assignee and that payment is to be made to the assignee. A notification which does not reasonably identify the rights assigned shall be ineffective. If requested by the lessee, the assignee shall furnish reasonable proof that the assignment has been made, and, unless he does so, the lessee may pay the lessor.   History. Source: L. 90: Entire article added, p. 374, § 1, effective January 1, 1991.
CO Code § 5-10-801 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 10 - Rental Purchase Agreements|Part 8 - Enforcement|§ 5-10-801. Administrator Responsibility

  The administrator shall enforce this article. To carry out this responsibility, the administrator shall be authorized to:   Receive and act on complaints, take action designed to obtain voluntary compliance with this article, or commence proceedings on the administrator's own initiative;    Issue and enforce cease and desist or other administrative enforcement orders in the same manner as set forth in section 5-6-109;    Make investigations; issue subpoenas to require the attendance of witnesses or the production of documents, which subpoenas may be issued to any person, whether located in this state or elsewhere, who has engaged in or is engaging in any violation of this article; administer oaths; conduct hearings in aid of any investigation or inquiry necessary to administer the provisions of this article; and apply to the appropriate court for an appropriate order to effect the purposes of this article;    Counsel persons and groups on their rights and duties under this article;    Establish programs for the education of consumers with respect to rental purchase agreement practices and problems;    Bring a civil action to restrain a person from violating this article and for other appropriate relief in the same manner as set forth in sections 5-6-111 to 5-6-114 and for a civil penalty of up to one thousand dollars per violation; and    Use any of his enforcement powers to restrain or take other action against any person found to be making or enforcing rental purchase agreements which contain any unconscionable provisions or clauses.        History. Source: L. 90: Entire article added, p. 374, § 1, effective January 1, 1991. L. 2000: (1)(b) and (1)(e) amended, p. 1870, § 102, effective August 2. L. 2011: (1)(e) amended, (HB 11-1221), ch. 121, p. 381, § 2, effective July 1. L. 2013: (1) amended, (SB 13-248), ch. 270, p. 1418, § 4, effective July 1.
CO Code § 5-10-802 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 10 - Rental Purchase Agreements|Part 8 - Enforcement|§ 5-10-802. Lessor's Records and Investigations

  In administering this article and in order to determine compliance with this article, the administrator may examine the books and records of persons subject to the article and may make investigations of persons necessary to determine compliance. For this purpose, the administrator may administer oaths or affirmations, and, upon the administrator's own motion or upon request of any party, may subpoena witnesses, compel their attendance, compel testimony, and require the production of any matter that is relevant to the investigation, including the existence, description, nature, custody, condition, and location of, any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts, or any other matter reasonably calculated to lead to the discovery of admissible evidence. If the administrator prevails in any civil action brought as a result of such an investigation, the court shall award the administrator costs and a reasonable attorney fee.    If the person's records are located outside Colorado, the person shall, at the person's option, either make them available to the administrator at a convenient location in Colorado, or pay the reasonable and necessary expenses for the administrator or the administrator's representative to examine them at the place where they are maintained. The administrator may designate representatives, including comparable officials of the state in which the records are located, to inspect them on the administrator's behalf.    Upon failure without lawful excuse to obey a subpoena or to give testimony and upon reasonable notice to all persons affected thereby, the administrator may apply to a court for an order compelling compliance.    The administrator may not make public the name or identity of a person whose acts or conduct the administrator investigates under this section or the facts disclosed in the investigation, but this subsection (4) shall not apply to disclosures in actions or enforcement proceedings under this article.     History. Source: L. 90: Entire article added, p. 375, § 1, effective January 1, 1991.
CO Code § 5-10-803 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 10 - Rental Purchase Agreements|Part 8 - Enforcement|§ 5-10-803. Assurance of Discontinuance

 If it is claimed that a person has engaged in conduct subject to an order by the administrator or by a court under this article, the administrator may accept an assurance in writing that the person will not engage in the conduct in the future. If a person giving an assurance of discontinuance fails to comply with its terms, the assurance shall be evidence that before the assurance the person engaged in the conduct described in the assurance.   History. Source: L. 90: Entire article added, p. 375, § 1, effective January 1, 1991.
CO Code § 5-10-804 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 10 - Rental Purchase Agreements|Part 8 - Enforcement|§ 5-10-804. Notification by Lessors - Contents

  A lessor shall file a notification as prescribed in subsection (2) of this section with the administrator:   Within thirty days after soliciting or entering into a rental purchase agreement subject to this article; and    Before February 1 in each subsequent year that the lessor solicits or enters into a rental purchase agreement subject to this article.       The notification required under subsection (1) of this section shall state the following:   The name of the lessor and, if different, the name in which business is transacted;    The address of the lessor's principal office, which may be outside Colorado;    The address of all offices or stores, if any, in Colorado at which rental purchase agreements are made;    If rental purchase agreements are made in a place other than an office or store in Colorado, a brief description of the place and manner in which they are made; and    The address of the registered agent upon whom service of process may be made in Colorado.       If information in a notification becomes inaccurate after filing, no further notification is required until the lessor is required to file a subsequent notification pursuant to subsection (1) of this section.     History. Source: L. 90: Entire article added, p. 376, § 1, effective January 1, 1991.
CO Code § 5-10-805 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 10 - Rental Purchase Agreements|Part 8 - Enforcement|§ 5-10-805. Fees

  A lessor required to file a notification with the administrator under section 5-10-804 shall pay to the administrator the following fees:   Fifty dollars for each address listed in section 5-10-804 (2)(c) paid at the time of the filing of the initial notification with the administrator;    Twenty-five dollars for each address listed in section 5-10-804 (2)(c) paid at the time of the filing of each annual notification subsequently filed with the administrator.       In addition to the fees required under subsection (1) of this section, if the administrator examines the books and records of the lessor, the lessor shall pay to the administrator a fee of two hundred dollars for each day required for the administrator or the administrator's representative to conduct the examination. However, the sum of all fees collected from a lessor under this subsection (2) may not exceed one thousand dollars in any calendar year.    Notwithstanding the amount specified for any fee in this section, the administrator by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the administrator by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.     History. Source: L. 90: Entire article added, p. 376, § 1, effective January 1, 1991. L. 98: (3) added, p. 1320, § 12, effective June 1.
CO Code § 5-10-901 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 10 - Rental Purchase Agreements|Part 9 - Violations and Penalties|§ 5-10-901. Unlawful Acts - Fines - Deceptive Trade Practice

  Any person who willfully and intentionally violates any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed five hundred dollars.    Any intentional violation of the provisions of this article shall constitute a deceptive trade practice and shall be subject to the provisions of article 1 of title 6, C.R.S.     History. Source: L. 90: Entire article added, p. 376, § 1, effective January 1, 1991.
CO Code § 5-10-902 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 10 - Rental Purchase Agreements|Part 9 - Violations and Penalties|§ 5-10-902. Remedies of Lessee

  In case of a violation by a lessor of any provision of this article with respect to any rental purchase agreement, the lessee in such agreement may bring a suit in any court of competent jurisdiction to recover from such lessor or may set off or counterclaim in any action by such lessor actual damages. If the court finds that any such violation has occurred, it shall award a minimum recovery of two hundred fifty dollars or twenty-five percent of the total cost to acquire ownership under the rental purchase agreement, whichever is greater.    The remedies specified in subsection (1) of this section are in addition to, and not in limitation of, any other remedies provided by law.    In any action brought pursuant to this section, the court shall award the prevailing party the costs of the action and a reasonable attorney fee.     History. Source: L. 90: Entire article added, p. 377, § 1, effective January 1, 1991.
CO Code § 5-10-903 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 10 - Rental Purchase Agreements|Part 9 - Violations and Penalties|§ 5-10-903. Unconscionability

  With respect to a rental purchase transaction, if the court as a matter of law finds the transaction, the agreement, or any clause of the agreement to have been unconscionable at the time it was made, the court may refuse to enforce the agreement or it may enforce the remainder of the agreement without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.    If it is claimed or appears to the court that the transaction, the agreement, or any clause thereof may be unconscionable, the parties shall be afforded a reasonable opportunity to present evidence as to its setting, purpose, and effect to aid the court in making any such determination related to unconscionability.    If, in an action in which unconscionability is claimed, the court finds unconscionability pursuant to this section, the court may award the costs of the action and a reasonable attorney fee to the lessee. If the court does not find unconscionability and does find that the lessee claiming unconscionability brought or maintained an action he knew to be groundless, the court may award the costs of the action and a reasonable attorney fee to the party against whom the claim was made. In determining such attorney fee, the amount of recovery claimed on behalf of the lessee shall not be controlling.    The remedies of this section are in addition to remedies otherwise available for the same conduct authorized under law other than in this article, but double recovery of actual damages may not be had.    For the purpose of this section, a charge or practice expressly permitted by this article is not in itself unconscionable.     History. Source: L. 90: Entire article added, p. 377, § 1, effective January 1, 1991.
CO Code § 5-10-904 (2021)
2021 Colorado Code|Title 5 - Consumer Credit Code|Article 10 - Rental Purchase Agreements|Part 9 - Violations and Penalties|§ 5-10-904. Effect of Correction

 Notwithstanding sections 5-10-801 and 5-10-902 , any failure to comply with any provisions of this article resulting from a bona fide or clerical error may be corrected by the lessor within sixty days after discovering an error and prior to the institution of any action under this article, or within sixty days of the receipt of written notice of the error after the date of execution of the rental purchase agreement by the lessee. If so corrected, neither the lessor nor any holder is subject to penalty under this section. A copy of any rental purchase agreement to which such a correction is made shall be promptly sent to the lessee.   History. Source: L. 90: Entire article added, p. 377, § 1, effective January 1, 1991.