Sec. 45. Restriction on early termination liability.

472 words·~2 min read·/il/chapter-815/act-636/45

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The lessee shall have the right to terminate the consumer lease at any time after the lessee has made 12 full periodic lease payments for which lease charges have been accrued by the holder or, in the case of a single payment lease, at the expiration of 12 months from the consummation of the lease. Nothing in this Section shall be deemed to prohibit the holder from permitting the lessee to terminate the consumer lease before the expiration of 12 months.

(b)If a consumer lease is terminated early and there is no purchase option or the lessee does not exercise a purchase option, the lessee's early termination obligation may not exceed an amount equal to the sum of the following:

(1)Any unpaid lease payments that accrued through the date of early termination.

(2)Any other unpaid amounts, other than excess mileage charges, arising under the terms

of the lease.

(3)Any official fees and taxes imposed in connection with lease termination.

(4)A disposition fee in an amount set forth in the consumer lease.

(5)The reasonable costs of retaking, storing, preparing for sale, and selling the

vehicle, including reasonable attorneys' fees and collection and court costs incurred by the lessor in recovering or securing possession of the vehicle.

(6)The amount, if any, by which

(i)the balance subject to lease charge plus the lease

charge earned in advance for the computational period in which the early termination occurs, calculated in accordance with the constant yield method or any other generally accepted lease accounting method exceeds

(ii)the realized value of the vehicle.

(7)Any other early termination charge expressly disclosed in the consumer lease.

(c)As an alternative to the constant yield and other generally accepted lease accounting methods of determining the depreciation amounts accrued through the date of early termination of a precomputed lease transaction, those amounts may be determined under paragraph

(6)of subsection

(b)of this Section by using a lease provision under which the lease charge is calculated on the adjusted capitalized cost for the time outstanding according to a generally accepted actuarial method.

(d)This Section does not limit or restrict the manner of calculating the lessee's early termination obligation, whether by way of unamortized capitalized cost, discounted present value of remaining lease payments, multiples of monthly payments, or otherwise.

(e)Any refundable security deposit or advance lease payment held by the holder may be retained by the holder or lessor and shall be credited against the lessee's early termination obligation. The amount of the security deposit or advance lease payment in excess of the amount of the lessee's early termination obligation shall be returned to the lessee. The holder or lessor is not obligated to pay interest to the lessee on the security deposit.