District Of Columbia § 28:2A-406 - Procedure on excused performance.
Full text of District Of Columbia D.C. Code § 28:2A-406 — Procedure on excused performance., with citation guidance and answers to common questions.
§ 28:2A-406. Procedure on excused performance.
28:2A-406If the lessee receives notification of a material or indefinite delay or an allocation justified under , the lessee may by written notification to the lessor as to any goods involved, and with respect to all of the goods if under an installment lease contract the value of the whole lease contract is substantially impaired ():
Terminate the lease contract (); or
Except in a finance lease that is not a consumer lease, modify the lease contract by accepting the available quota in substitution, with due allowance from the rent payable for the balance of the lease term for the deficiency but without further right against the lessor.
If, after receipt of a notification from the lessor under , the lessee fails so to modify the lease agreement within a reasonable time not exceeding 30 days, the lease contract lapses with respect to any deliveries affected.
Annotations
“Written”. Section 1-201(46).
“Value”. Section 1-201(44).
“Termination”. Section 2A-103(1)(z).
“Rights”. Section 1-201(36).
“Receipt”. Section 2-103(1)(c).
“Reasonable time”. Section 1-204(1) and (2).
“Notice”. Section 1-201(25).
“Lessor”. Section 2A-103(1)(p).
“Lessee”. Section 2A-103(1)(n).
“Lease contract”. Section 2A-103(1)(l).
“Lease agreement”. Section 2A-103(1)(k).
“Installment lease contract”. Section 2A-103(1)(i).
“Goods”. Section 2A-103(1)(h).
“Finance lease”. Section 2A-103(1)(g).
“Delivery”. Section 1-201(14).
“Consumer lease”. Section 2A-103(1)(e).
Revised to reflect leasing practices and terminology. Note that subsection 1(a) allows the lessee under a lease, including a finance lease, the right to terminate the lease for excused performance (Sections 2A-404 and 2A-405). However, subsection 1(b), which allows the lessee the right to modify the lease for excused performance, excludes a finance lease that is not a consumer lease. This exclusion is compelled by the same policy that led to codification of provisions with respect to irrevocable promises. Section 2A-407.
Section 2-616(1) and (2).
Source: official District Of Columbia text · Last verified 2026-08-27
Frequently Asked Questions About District Of Columbia § 28:2A-406
What does D.C. Code § 28:2A-406 cover?
Section 28:2A-406 ("Procedure on excused 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-406?
A common citation format is "D.C. Code § 28:2A-406" (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-406 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.