Renting To Own It
Bus. & Com. 92.053 — the right to reinstate, written into every rental-purchase agreement
The right to reinstate. A rental-purchase agreement must provide that a consumer who misses a payment may reinstate it, without losing any right or option previously acquired, by acting before the later of one week after the due date or a number of days after it equal to half the days in a regular payment period.
Returned, and 30 days more. If the merchandise is returned during the reinstatement period, other than through judicial process, the right to reinstate is extended for not less than 30 days after the return.
Repossession does not end it. A merchant may attempt to repossess during the reinstatement period, but the consumer's right to reinstate is not affected by it. On reinstatement, the merchant provides the same merchandise or a substitute of comparable quality and condition, with new disclosures for a substitute.
What the agreement may not do. The agreement may not require a payment at the end of the term beyond a regular periodic payment to acquire ownership, require insurance or a loss damage waiver from the merchant, require a confession of judgment, authorize a breach of the peace in repossessing, or waive a defense or right the consumer may have.
The disclosures the agreement must carry, and the remedies for a violation, are set out in other sections that are not on this page. Whether a particular agreement can still be reinstated is a question for a licensed Texas attorney.
Sources for this section (5)
- Bus. & Com. 92.053 — Required provisions, including the right to reinstate
- Bus. & Com. 92.054 — Prohibited provisions in a rental-purchase agreement
- Bus. & Com. 92.102 — Reinstatement survives repossession
- Bus. & Com. 92.103 — The reinstatement period after merchandise is returned
- Bus. & Com. 92.104 — The merchant on reinstatement
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.