District Of Columbia § 28:2A-401 - Insecurity: adequate assurance of performance.
Full text of District Of Columbia D.C. Code § 28:2A-401 — Insecurity: adequate assurance of performance., with citation guidance and answers to common questions.
§ 28:2A-401. Insecurity: adequate assurance of performance.
28:2A-401A lease contract imposes an obligation on each party that the other’s expectation of receiving due performance will not be impaired.
If reasonable grounds for insecurity arise with respect to the performance of either party, the insecure party may demand in writing adequate assurance of due performance. Until the insecure party receives that assurance, if commercially reasonable the insecure party may suspend any performance for which he or she has not already received the agreed return.
A repudiation of the lease contract occurs if assurance of due performance adequate under the circumstances of the particular case is not provided to the insecure party within a reasonable time, not to exceed 30 days after receipt of a demand by the other party.
Between merchants, the reasonableness of grounds for insecurity and the adequacy of any assurance offered must be determined according to commercial standards.
Acceptance of any nonconforming delivery or payment does not prejudice the aggrieved party’s right to demand adequate assurance of future performance.
Annotations
“Writing”. Section 1-201(46).
“Rights”. Section 1-201(36).
“Receipt”. Section 2-103(1)(c).
“Reasonable time”. Section 1-204(1) and (2).
“Party”. Section 1-201(29).
“Lease contract”. Section 2A-103(1)(l).
“Delivery”. Section 1-201(14).
“Conforming”. Section 2A-103(1)(d).
“Between merchants”. Section 2-104(3).
“Agreed”. Section 1-201(3).
“Aggrieved party”. Section 1-201(2).
Revised to reflect leasing practices and terminology. Note that in the analogue to subsection (3) ( Section 2-609(4)), the adjective “justified” modifies demand. The adjective was deleted here as unnecessary, implying no substantive change.
Section 2-609.
Source: official District Of Columbia text · Last verified 2026-08-27
Frequently Asked Questions About District Of Columbia § 28:2A-401
What does D.C. Code § 28:2A-401 cover?
Section 28:2A-401 ("Insecurity: adequate assurance of performance.") 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-401?
A common citation format is "D.C. Code § 28:2A-401" (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-401 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.