84-2a-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 (K.S.A. 84-2a-510), the lessee is in default under the lease contract and the lessor may:
(a) Cancel the lease contract (K.S.A. 84-2a-505(1));
(b) proceed respecting goods not identified to the lease contract (K.S.A. 84-2a-524);
(c) withhold delivery of the goods and take possession of goods previously delivered (K.S.A. 84-2a-525);
(d) stop delivery of the goods by any bailee (K.S.A. 84-2a-526);
(e) dispose of the goods and recover damages (K.S.A. 84-2a-527), or retain the goods and recover damages (K.S.A. 84-2a-528), or in a proper case recover rent (K.S.A. 84-2a-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 subsection (1), 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); 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).
History: L. 1991, ch. 295, § 71; Feb. 1, 1992.
Structure Kansas Statutes
Chapter 84 - Uniform Commercial Code
84-2a-103 Definitions and index of definitions.
84-2a-104 Leases subject to other law.
84-2a-105 Territorial application of article to goods covered by certificate of title.
84-2a-107 Waiver or renunciation of claim or right after default.
84-2a-109 Option to accelerate at will.
84-2a-110 Terminal rent adjustment clauses.
84-2a-202 Final written expression: parol or extrinsic evidence.
84-2a-204 Formation in general.
84-2a-206 Offer and acceptance in formation of lease contract.
84-2a-208 Modification, recission and waiver.
84-2a-209 Lessee under finance lease as beneficiary of supply contract.
84-2a-212 Implied warranty of merchantability.
84-2a-213 Implied warranty of fitness for particular purpose.
84-2a-214 Exclusion or modification of warranties.
84-2a-215 Cumulation and conflict of warranties express or implied.
84-2a-216 Third-party beneficiaries of express and implied warranties.
84-2a-218 Insurance and proceeds.
84-2a-220 Effect of default on risk of loss.
84-2a-221 Casualty to identified goods.
84-2a-301 Enforceability of lease contract.
84-2a-302 Title to and possession of goods.
84-2a-304 Subsequent lease of goods by lessor.
84-2a-305 Sale or sublease of goods by lessee.
84-2a-306 Priority of certain liens arising by operation of law.
84-2a-308 Special rights of creditors.
84-2a-309 Lessor's and lessee's rights when goods become fixtures.
84-2a-310 Lessor's and lessee's rights when goods become accessions.
84-2a-311 Priority subject to subordination.
84-2a-401 Insecurity: adequate assurance of performance.
84-2a-402 Anticipatory repudiation.
84-2a-403 Retraction of anticipatory repudiation.
84-2a-404 Substituted performance.
84-2a-405 Excused performance.
84-2a-406 Procedure on excused performance.
84-2a-407 Irrevocable promises: finance leases.
84-2a-502 Notice after default.
84-2a-503 Modification or impairment of rights and remedies.
84-2a-504 Liquidation of damages.
84-2a-506 Statute of limitations.
84-2a-507 Proof of market rent: time and place.
84-2a-509 Lessee's rights on improper delivery; rightful rejection.
84-2a-510 Installment lease contracts: rejection and default.
84-2a-511 Merchant lessee's duties as to rightfully rejected goods.
84-2a-512 Lessee's duties as to rightfully rejected goods.
84-2a-513 Cure by lessor of improper tender or delivery; replacement.
84-2a-514 Waiver of lessee's obligations.
84-2a-515 Acceptance of goods.
84-2a-517 Revocation of acceptance of goods.
84-2a-518 Cover; substitute goods.
84-2a-520 Lessee's incidental and consequential damages.
84-2a-521 Lessee's right to specific performance or replevin.
84-2a-522 Lessee's right to goods on lessor's insolvency.
84-2a-523 Lessor's remedies.
84-2a-524 Lessor's right to identify goods to lease contract.
84-2a-525 Lessor's right to possession of goods.
84-2a-526 Lessor's stoppage of delivery in transit or otherwise.
84-2a-527 Lessor's rights to dispose of goods.
84-2a-528 Lessor's damages for non-acceptance, failure to pay, repudiation or other default.
84-2a-529 Lessor's action for the rent.
84-2a-530 Lessor's incidental damages.
84-2a-531 Standing to sue third parties for injury to goods.