District Of Columbia § 28:2A-109 - Option to accelerate at will.
Full text of District Of Columbia D.C. Code § 28:2A-109 — Option to accelerate at will., with citation guidance and answers to common questions.
§ 28:2A-109. Option to accelerate at will.
28:2A-109A term providing that one party or his or her successor in interest may accelerate payment or performance or require collateral or additional collateral “at will” or “when he or she deems himself or herself insecure” or in words of similar import must be construed to mean that he or she has power to do so only if he or she in good faith believes that the prospect of payment or performance is impaired.
With respect to a consumer lease, the burden of establishing good faith under subsection (a) of this section is on the party who exercised the power; otherwise the burden of establishing lack of good faith is on the party against whom the power has been exercised.
Annotations
“Term”. Section 1-201(42).
“Party”. Section 1-201(29).
“Good faith”. Sections 1-201(19) and 2-103(1)(b).
“Consumer lease”. Section 2A-103(1)(e).
“Burden of establishing”. Section 1-201(8).
Section 1-208.
Subsection (2), however, reflects a significant change in the provisions of the second sentence of Section 1-208 by creating a new rule with respect to a consumer lease. A lease provision allowing acceleration at the will of the lessor or when the lessor deems itself insecure is of critical importance to the lessee. In a consumer lease it is a provision that is not usually agreed to by the parties but is usually mandated by the lessor. Therefore, where its invocation depends not on specific criteria but on the discretion of the lessor, its use should be regulated to prevent abuse. Subsection (1) imposes a duty of good faith upon its exercises. Subsection (2) shifts the burden of establishing good faith to the lessor in the case of a consumer lease, but not otherwise.
Subsection (1) reflects modest changes in style to the provisions of the first sentence of Section 1-208.
Section 1-208 and Unif. Consumer Credit Code s 5.109(2), 7A U.L.A. 171 (1974).
Source: official District Of Columbia text · Last verified 2026-08-27
Frequently Asked Questions About District Of Columbia § 28:2A-109
What does D.C. Code § 28:2A-109 cover?
Section 28:2A-109 ("Option to accelerate at will.") is part of the D.C. Code, the codified statutory law of District Of Columbia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite District Of Columbia § 28:2A-109?
A common citation format is "D.C. Code § 28:2A-109" (District Of Columbia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of District Of Columbia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the District Of Columbia official source linked on this page or consult a licensed District Of Columbia attorney.
How does District Of Columbia § 28:2A-109 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in District Of Columbia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in District Of Columbia.