Montana Code 30-19-111. Provisions prohibited in agreements
30-19-111. Provisions prohibited in agreements. A rental-purchase agreement may not contain:
Terms Used In Montana Code 30-19-111
- agreement: means an agreement between a lessor and a consumer that has the following characteristics:
(a)the agreement governs the use of personal property by a person primarily for personal, family, or household purposes;
(b)the agreement is entered into for an initial period of 4 months or less and is automatically renewable with each payment after the initial period;
(c)the agreement does not obligate or require the consumer to continue renting or using the property beyond the initial period; and
(d)the agreement permits the consumer to become the owner of the property. See Montana Code 30-19-103
- Consumer: means a person who rents personal property under a rental-purchase agreement to be used primarily for personal, family, or household purposes. See Montana Code 30-19-103
- Lessor: means a person who regularly provides the use of property through rental-purchase agreements and to whom rent payments are initially payable on the face of the rental-purchase agreement. See Montana Code 30-19-103
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Property: means real and personal property. See Montana Code 1-1-205
(1)a confession of judgment;
(2)a negotiable instrument;
(3)a security interest or any other claim of property interest in any property except the property delivered by the lessor pursuant to the rental-purchase agreement;
(4)a wage assignment;
(5)a waiver of claims or defenses by the consumer; and
(6)a provision authorizing the lessor or any person acting on the lessor’s behalf to enter the consumer’s premises or to commit any breach of the peace in the repossession of property.