Section 2A–529. (1) After default by the lessee under the lease contract of the type described in Section 2A–523(1) or 2A–523(3)(a) or, if agreed, after other default by the lessee, if the lessor complies with subsection (2), 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 2A–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 2A–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 2A–530, less expenses save in consequence of the lessee's default.
(2) Except as provided in subsection (3), 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 subsection (1). 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 2A–527 or Section 2A–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 2A–527 or 2A–528.
(4) Payment of the judgment for damages obtained pursuant to subsection (1) 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 2A–523(1) or Section 2A–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 non-acceptance under Section 2A–527 or Section 2A–528.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XV - Regulation of Trade
Chapter 106 - Uniform Commercial Code
Section 2a-511 - Merchant Lessee's Duties as to Rightfully Rejected Goods
Section 2a-512 - Lessee's Duties as to Rightfully Rejected Goods
Section 2a-504 - Liquidation of Damages
Section 2a-514 - Waiver of Lessee's Objections
Section 2a-510 - Installment Lease Contracts: Rejection and Default
Section 2a-513 - Cure by Lessor of Improper Tender or Delivery; Replacement
Section 2a-509 - Lessee's Rights on Improper Delivery; Rightful Rejection
Section 2a-105 - Territorial Application of Article to Goods Covered by Certificate of Title
Section 2a-507 - Proof of Market Rent: Time and Place
Section 2a-103 - Definitions and Index of Definitions
Section 2a-104 - Leases Subject to Other Law
Section 2a-515 - Acceptance of Goods
Section 2a-508 - Lessee's Remedies
Section 2a-523 - Lessor's Remedies
Section 2a-518 - Cover; Substitute Goods
Section 2a-532 - Lessor's Rights to Residual Interest
Section 2a-531 - Standing to Sue Third Parties for Injury to Goods
Section 2a-530 - Lessor's Incidental Damages
Section 2a-529 - Lessor's Action for the Rent
Section 2a-528 - Lessor's Damages for Nonacceptance, Failure to Pay, Repudiation, or Other Default
Section 2a-527 - Lessor's Rights to Dispose of Goods
Section 2a-517 - Revocation of Acceptance of Goods
Section 2a-526 - Lessor's Stoppage of Delivery in Transit or Otherwise
Section 2a-524 - Lessor's Right to Identify Goods to Lease Contract
Section 2a-522 - Lessee's Right to Goods on Lessor's Insolvency
Section 2a-521 - Lessee's Right to Specific Performance or Replevin
Section 2a-520 - Lessee's Incidental and Consequential Damages
Section 2a-525 - Lessor's Right to Possession of Goods
Section 2a-107 - Waiver or Renunciation of Claim or Right After Default
Section 2a-109 - Option to Accelerate at Will
Section 2a-304 - Subsequent Lease of Goods by Lessor
Section 2a-305 - Sale or Sublease of Goods by Lessee
Section 2a-306 - Priority of Certain Liens Arising by Operation of Law
Section 2a-308 - Special Rights of Creditors
Section 2a-309 - Lessor's and Lessee's Rights When Goods Become Fixtures
Section 2a-310 - Lessor's and Lessee's Rights When Goods Become Accessions.
Section 2a-311 - Priority Subject to Subordination
Section 2a-401 - Insecurity: Adequate Assurance of Performance
Section 2a-402 - Anticipatory Repudiation
Section 2a-403 - Retraction of Anticipatory Repudiation
Section 2a-404 - Substituted Performance
Section 2a-405 - Excused Performance
Section 2a-406 - Procedure on Excused Performance
Section 2a-407 - Irrevocable Promises: Finance Leases
Section 2a-501 - Default: Procedure
Section 2a-502 - Notice After Default
Section 2a-503 - Modification or Impairment of Rights and Remedies
Section 2a-302 - Title to and Possession of Goods
Section 2a-108 - Unconscionability
Section 2a-301 - Enforceability of Lease Contract
Section 2a-220 - Effect of Default on Risk of Loss
Section 2a-201 - Statute of Frauds
Section 2a-202 - Final Written Expression: Parol or Extrinsic Evidence
Section 2a-203 - Seals Inoperative
Section 2a-204 - Formation in General
Section 2a-206 - Offer and Acceptance in Formation of Lease Contract
Section 2a-208 - Modification, Rescission and Waiver
Section 2a-209 - Lessee Under Finance Lease as Beneficiary of Supply Contract
Section 2a-221 - Casualty to Identified Goods
Section 2a-210 - Express Warranties
Section 2a-212 - Implied Warranty of Merchantability
Section 2a-213 - Implied Warranty of Fitness for Particular Purpose
Section 2a-214 - Exclusion or Modification of Warranties
Section 2a-214a - Limitation on Exclusion or Modification of Warranties
Section 2a-215 - Cumulation and Conflict of Warranties Express or Implied
Section 2a-216 - Lack of Privity in Actions Against a Manufacturer, Supplier or Lessor of Goods
Section 2a-506 - Statute of Limitations