28-12-523. LESSOR’S REMEDIES. (1) If a lessee wrongfully rejects or revokes acceptance of goods or fails to make a payment when due or repudiates with respect to a part or the whole, then, with respect 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 (section 28-12-510), the lessee is in default under the lease contract and the lessor may:
(a) Cancel the lease contract (section 28-12-505(1));
(b) Proceed respecting goods not identified to the lease contract (section 28-12-524);
(c) Withhold delivery of the goods and take possession of goods previously delivered (section 28-12-525);
(d) Stop delivery of the goods by any bailee (section 28-12-526);
(e) Dispose of the goods and recover damages (section 28-12-527), or retain the goods and recover damages (section 28-12-528), or in a proper case recover rent (section 28-12-529);
(f) Exercise any other rights or pursue any other remedies provided in the lease contract.
(2) If a lessor does not fully exercise a right or obtain a remedy to which the lessor is entitled under the provisions of subsection (1) of this section, the lessor may recover the loss resulting in the ordinary course of events from the lessee’s default as determined in any reasonable manner, together with incidental damages, less expenses saved in consequence of the lessee’s default.
(3) If a lessee is otherwise in default under a lease contract, the lessor may exercise the rights and pursue the remedies provided in the lease contract, which may include a right to cancel the lease. In addition, unless otherwise provided in the lease contract:
(a) If the default substantially impairs the value of the lease contract to the lessor, the lessor may exercise the rights and pursue the remedies provided in subsection (1) or (2) of this section; or
(b) If the default does not substantially impair the value of the lease contract to the lessor, the lessor may recover as provided in subsection (2) of this section.
History:
[28-12-523, added 1993, ch. 287, sec. 1, p. 1008.]
Structure Idaho Code
Title 28 - COMMERCIAL TRANSACTIONS
Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES
Section 28-12-501 - DEFAULT — PROCEDURE.
Section 28-12-502 - NOTICE AFTER DEFAULT.
Section 28-12-503 - MODIFICATION OR IMPAIRMENT OF RIGHTS AND REMEDIES.
Section 28-12-504 - LIQUIDATION OF DAMAGES.
Section 28-12-506 - STATUTE OF LIMITATIONS.
Section 28-12-507 - PROOF OF MARKET RENT — TIME AND PLACE.
Section 28-12-508 - LESSEE’S REMEDIES.
Section 28-12-509 - LESSEE’S RIGHTS ON IMPROPER DELIVERY — RIGHTFUL REJECTION.
Section 28-12-510 - INSTALLMENT LEASE CONTRACTS — REJECTION AND DEFAULT.
Section 28-12-511 - MERCHANT LESSEE’S DUTIES AS TO RIGHTFULLY REJECTED GOODS.
Section 28-12-512 - LESSEE’S DUTIES AS TO RIGHTFULLY REJECTED GOODS.
Section 28-12-513 - CURE BY LESSOR OF IMPROPER TENDER OR DELIVERY — REPLACEMENT.
Section 28-12-514 - WAIVER OF LESSEE’S OBJECTIONS.
Section 28-12-515 - ACCEPTANCE OF GOODS.
Section 28-12-517 - REVOCATION OF ACCEPTANCE OF GOODS.
Section 28-12-518 - COVER — SUBSTITUTE GOODS.
Section 28-12-520 - LESSEE’S INCIDENTAL AND CONSEQUENTIAL DAMAGES.
Section 28-12-521 - LESSEE’S RIGHT TO SPECIFIC PERFORMANCE OR REPLEVIN.
Section 28-12-522 - LESSEE’S RIGHT TO GOODS ON LESSOR’S INSOLVENCY.
Section 28-12-523 - LESSOR’S REMEDIES.
Section 28-12-524 - LESSOR’S RIGHT TO IDENTIFY GOODS TO LEASE CONTRACT.
Section 28-12-525 - LESSOR’S RIGHT TO POSSESSION OF GOODS.
Section 28-12-526 - LESSOR’S STOPPAGE OF DELIVERY IN TRANSIT OR OTHERWISE.
Section 28-12-527 - LESSOR’S RIGHTS TO DISPOSE OF GOODS.
Section 28-12-529 - LESSOR’S ACTION FOR THE RENT.
Section 28-12-530 - LESSOR’S INCIDENTAL DAMAGES.
Section 28-12-531 - STANDING TO SUE THIRD PARTIES FOR INJURY TO GOODS.