28-12-529. LESSOR’S ACTION FOR THE RENT. (1) After 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, if the lessor complies with the provisions of subsection (2) of this section, the lessor may recover from the lessee as damages:
(a) For goods accepted by the lessee and not repossessed by or tendered to the lessor, and for conforming goods lost or damaged within a commercially reasonable time after risk of loss passes to the lessee (section 28-12-219), (i) accrued and unpaid rent as of the date of entry of judgment in favor of the lessor, (ii) the present value as of the same date of the rent for the then remaining lease term of the lease agreement, and (iii) any incidental damages allowed under section 28-12-530, less expenses saved in consequence of the lessee’s default; and
(b) For goods identified to the lease contract if the lessor is unable after reasonable effort to dispose of them at a reasonable price or the circumstances reasonably indicate that effort will be unavailing, (i) accrued and unpaid rent as of the date of entry of judgment in favor of the lessor, (ii) the present value as of the same date of the rent for the then remaining lease term of the lease agreement, and (iii) any incidental damages allowed under section 28-12-530, less expenses saved in consequence of the lessee’s default.
(2) Except as provided in subsection (3) of this section, the lessor shall hold for the lessee for the remaining lease term of the lease agreement any goods that have been identified to the lease contract and are in the lessor’s control.
(3) The lessor may dispose of the goods at any time before collection of the judgment for damages obtained pursuant to the provisions of subsection (1) of this section. If the disposition is before the end of the remaining lease term of the lease agreement, the lessor’s recovery against the lessee for damages is governed by section 28-12-527 or 28-12-528, and the lessor will cause an appropriate credit to be provided against a judgment for damages to the extent that the amount of the judgment exceeds the recovery available pursuant to section 28-12-527 or 28-12-528.
(4) Payment of the judgment for damages obtained pursuant to the provisions of subsection (1) of this section entitles the lessee to the use and possession of the goods not then disposed of for the remaining lease term of and in accordance with the lease agreement.
(5) After default by the lessee under the lease contract of the type described in section 28-12-523(1) or section 28-12-523(3)(a) or, if agreed, after other default by the lessee, a lessor who is held not entitled to rent under this section must nevertheless be awarded damages for nonacceptance under section 28-12-527 or section 28-12-528.
History:
[28-12-529, added 1993, ch. 287, sec. 1, p. 1011.]
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.