§ 336.2A-528 — Lessor's Damages for Nonacceptance, Failure to Pay, Repudiation, or Other Default
Plain-Language Summary
This section sets the lessor's damages when it keeps the goods after a default, or disposes of them in a way that does not qualify for the re-lease measure (for example, a sale or a non-qualifying lease). The lessor may recover accrued unpaid rent up to the date of default or repossession, plus the difference between the present value of the remaining rent under the original lease and the present value of the market rent for the same term where the goods are located, plus any incidental damages and less expenses saved. If that measure still leaves the lessor worse off than full performance would have, the lessor may instead recover the present value of the profit (including reasonable overhead) it would have made, with allowance for costs and credit for payments or disposition proceeds.
336.2A-528 LESSOR’S DAMAGES FOR NONACCEPTANCE, FAILURE TO PAY, REPUDIATION, OR OTHER DEFAULT.
(1) Except as otherwise provided with respect to damages liquidated in the lease agreement (section 336.2A-504) or otherwise determined pursuant to agreement of the parties (sections 336.1-302 and 336.2A-503), if a lessor elects to retain the goods or a lessor elects to dispose of the goods and the disposition is by lease agreement that for any reason does not qualify for treatment under section 336.2A-527(2), or is by sale or otherwise, the lessor may recover from the lessee as damages for a default of the type described in section 336.2A-523(1) or 336.2A-523(3)(a), or, if agreed, for other default of the lessee, (i) accrued and unpaid rent as of the date of default if the lessee has never taken possession of the goods, or, if the lessee has taken possession of the goods, as of the date the lessor repossesses the goods or an earlier date on which the lessee makes a tender of the goods to the lessor, (ii) the present value as of the date determined under clause (i) of the total rent for the then remaining lease term of the original lease agreement minus the present value as of the same date of the market rent at the place where the goods are located computed for the same lease term, and (iii) any incidental damages allowed under section 336.2A-530, less expenses saved in consequence of the lessee’s default.
(2) If the measure of damages provided in subsection (1) is inadequate to put a lessor in as good a position as performance would have, the measure of damages is the present value of the profit, including reasonable overhead, the lessor would have made from full performance by the lessee, together with any incidental damages allowed under section 336.2A-530, due allowance for costs reasonably incurred and due credit for payments or proceeds of disposition.
History:
1989 c 232 art 1 s 2A-528; 1991 c 171 art 1 s 20; 2004 c 162 art 2 s 8
History: History: 1989 c 232 art 1 s 2A-528; 1991 c 171 art 1 s 20; 2004 c 162 art 2 s 8