2025 Session Last amended: 1989 session

§ 336.2A-521 — Lessee's Right to Specific Performance or Replevin

Plain-Language Summary

This section gives a lessee court remedies to obtain the actual leased goods rather than just money. A court may order specific performance (delivery of the goods) if the goods are unique or in other proper circumstances, and may attach any terms it considers just regarding payment of rent, damages, or other relief. A lessee may also use replevin or similar actions to recover goods identified to the lease if, after reasonable effort, the lessee cannot cover by obtaining substitute goods or such effort would clearly be useless.

336.2A-521 LESSEE’S RIGHT TO SPECIFIC PERFORMANCE OR REPLEVIN.

(1) Specific performance may be decreed if the goods are unique or in other proper circumstances.

(2) A decree for specific performance may include any terms and conditions as to payment of the rent, damages, or other relief that the court deems just.

(3) A lessee has a right of replevin, detinue, sequestration, claim and delivery, or the like for goods identified to the lease contract if after reasonable effort the lessee is unable to effect cover for those goods or the circumstances reasonably indicate that the effort will be unavailing.

History:

1989 c 232 art 1 s 2A-521

History: History: 1989 c 232 art 1 s 2A-521

Practical Notes

If a lessor fails to deliver leased goods, you can ask a court to order the actual goods handed over (specific performance) when they are unique or another good reason applies. If you cannot reasonably obtain substitute goods elsewhere, you may also sue to take possession of the specific goods promised under the lease.

Source: Minnesota Office of the Revisor of Statutes