(1) If the court as a matter of law finds a lease contract or any clause of a lease contract to have been unconscionable at the time it was made, the court may refuse to enforce the lease contract, or it may enforce the remainder of the lease contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.
(2) Before making a finding of unconscionability under subsection (1) the court, on its own motion or that of a party, shall afford the parties a reasonable opportunity to present evidence as to the setting, purpose, and effect of the lease contract or clause thereof.
History.—s. 1, ch. 90-278.
Structure Florida Statutes
Title XXXIX - Commercial Relations
Chapter 680 - Uniform Commercial Code: Leases
Part I - General Provisions (Ss. 680.1011-680.1095)
680.1031 - Definitions and index of definitions.
680.1041 - Leases subject to other statutes.
680.1051 - Territorial application of chapter to goods covered by certificate of title.
680.1071 - Waiver or renunciation of claim or right after default.