28-12-525. LESSOR’S RIGHT TO POSSESSION OF GOODS. (1) If a lessor discovers the lessee to be insolvent, the lessor may refuse to deliver the goods.
(2) After a default by the lessee under the lease contract of the type described in section 28-12-523(1) or 28-12-523(3)(a) or, if agreed, after other default by the lessee, the lessor has the right to take possession of the goods. If the lease contract so provides, the lessor may require the lessee to assemble the goods and make them available to the lessor at a place to be designated by the lessor which is reasonably convenient to both parties. Without removal, the lessor may render unusable any goods employed in trade or business, and may dispose of goods on the lessee’s premises (section 28-12-527).
(3) The lessor may proceed under the provisions of subsection (2) of this section without judicial process if it can be done without breach of the peace or the lessor may proceed by action.
History:
[28-12-525, added 1993, ch. 287, sec. 1, p. 1009.]
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.