1. If a lessor fails to deliver the goods in conformity to the lease contract (NRS 104A.2509) or repudiates the lease contract (NRS 104A.2402), or a lessee rightfully rejects the goods (NRS 104A.2509) or justifiably revokes acceptance of the goods (NRS 104A.2517), 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 (NRS 104A.2510), the lessor is in default under the lease contract and the lessee may:
(a) Cancel the lease contract (subsection 1 of NRS 104A.2505);
(b) Recover so much of the rent and security as has been paid and is just under the circumstances;
(c) Cover and recover damages as to all goods affected whether or not they have been identified to the lease contract (NRS 104A.2518 and 104A.2520), or recover damages for nondelivery (NRS 104A.2519 and 104A.2520); and
(d) Exercise any other rights or pursue any other remedies provided in the lease contract.
2. If a lessor fails to deliver the goods in conformity to the lease contract or repudiates the lease contract, the lessee may also:
(a) If the goods have been identified, recover them (NRS 104A.2522); or
(b) In a proper case, obtain specific performance or replevy the goods (NRS 104A.2521).
3. If a lessor is otherwise in default under a lease contract, the lessee may exercise the rights and pursue the remedies provided in the lease contract, which may include a right to cancel the lease, and in subsection 3 of NRS 104A.2519.
4. If a lessor has breached a warranty, whether express or implied, the lessee may recover damages (subsection 4 of NRS 104A.2519).
5. On rightful rejection or justifiable revocation of acceptance, a lessee has a security interest in goods in the lessee’s possession or control for any rent and security that has been paid and any expenses reasonably incurred in their inspection, receipt, transportation and care and custody and may hold those goods and dispose of them in good faith and in a commercially reasonable manner, subject to the provisions of subsection 5 of NRS 104A.2527.
6. Subject to the provisions of NRS 104A.2407, a lessee, on notifying the lessor of the lessee’s intention to do so, may deduct all or any part of the damages resulting from any default under the lease contract from any part of the rent still due under the same lease contract.
(Added to NRS by 1989, 360; A 1989, 721; 1991, 423)
Structure Nevada Revised Statutes
Chapter 104A - Uniform Commercial Code — Additional Articles
NRS 104A.010 - Applicability of and references to Uniform Commercial Code.
NRS 104A.200 - Law applicable to transactions entered into before January 1, 1990.
NRS 104A.2103 - Definitions and index of definitions.
NRS 104A.2104 - Leases subject to other law.
NRS 104A.2105 - Territorial application of article to goods covered by certificate of title.
NRS 104A.2107 - Waiver or renunciation of claim or right after default.
NRS 104A.2108 - Unconscionability.
NRS 104A.2109 - Option to accelerate at will.
NRS 104A.2201 - Statute of frauds.
NRS 104A.2202 - Final written expression: Parol or extrinsic evidence.
NRS 104A.2203 - Seals inoperative.
NRS 104A.2204 - Formation in general.
NRS 104A.2206 - Offer and acceptance in formation of lease contract.
NRS 104A.2208 - Modification, rescission and waiver.
NRS 104A.2209 - Lessee under finance lease as beneficiary of supply contract.
NRS 104A.2210 - Express warranties.
NRS 104A.2212 - Implied warranty of merchantability.
NRS 104A.2213 - Implied warranty of fitness for particular purpose.
NRS 104A.2214 - Exclusion or modification of warranties.
NRS 104A.2215 - Cumulation and conflict of warranties express or implied.
NRS 104A.2216 - Third-party beneficiaries of express and implied warranties.
NRS 104A.2217 - Identification.
NRS 104A.2218 - Insurance and proceeds.
NRS 104A.2220 - Effect of default on risk of loss.
NRS 104A.2221 - Casualty to identified goods.
NRS 104A.2301 - Enforceability of lease contract.
NRS 104A.2302 - Title to and possession of goods.
NRS 104A.2304 - Subsequent lease of goods by lessor.
NRS 104A.2305 - Sale or sublease of goods by lessee.
NRS 104A.2306 - Priority of certain liens arising by operation of law.
NRS 104A.2308 - Special rights of creditors.
NRS 104A.2309 - Lessor’s and lessee’s rights when goods become fixtures.
NRS 104A.2310 - Lessor’s and lessee’s rights when goods become accessions.
NRS 104A.2311 - Priority subject to subordination.
NRS 104A.2401 - Insecurity: Adequate assurance of performance.
NRS 104A.2402 - Anticipatory repudiation.
NRS 104A.2403 - Retraction of anticipatory repudiation.
NRS 104A.2404 - Substituted performance.
NRS 104A.2405 - Excused performance.
NRS 104A.2406 - Procedure on excused performance.
NRS 104A.2407 - Irrevocable promises: Finance leases.
NRS 104A.2501 - Default: Procedure.
NRS 104A.2502 - Notice after default.
NRS 104A.2503 - Modification or impairment of rights and remedies.
NRS 104A.2504 - Liquidation of damages.
NRS 104A.2506 - Statute of limitations.
NRS 104A.2507 - Proof of market rent: Time and place.
NRS 104A.2508 - Lessee’s remedies.
NRS 104A.2509 - Lessee’s rights on improper delivery; rightful rejection.
NRS 104A.2510 - Installment lease contracts: Rejection and default.
NRS 104A.2511 - Merchant lessee’s duties as to rightfully rejected goods.
NRS 104A.2512 - Lessee’s duties as to rightfully rejected goods.
NRS 104A.2513 - Cure by lessor of improper tender or delivery; replacement.
NRS 104A.2514 - Waiver of lessee’s objections.
NRS 104A.2515 - Acceptance of goods.
NRS 104A.2517 - Revocation of acceptance of goods.
NRS 104A.2518 - Cover; substitute goods.
NRS 104A.2520 - Lessee’s incidental and consequential damages.
NRS 104A.2521 - Lessee’s right to specific performance or replevin.
NRS 104A.2522 - Lessee’s right to goods on lessor’s insolvency.
NRS 104A.2523 - Lessor’s remedies.
NRS 104A.2524 - Lessor’s right to identify goods to lease contract.
NRS 104A.2525 - Lessor’s right to possession of goods.
NRS 104A.2526 - Lessor’s stoppage of delivery in transit or otherwise.
NRS 104A.2527 - Lessor’s rights to dispose of goods.
NRS 104A.2528 - Lessor’s damages for nonacceptance, failure to pay, repudiation or other default.
NRS 104A.2529 - Lessor’s action for the rent.
NRS 104A.2530 - Lessor’s incidental damages.
NRS 104A.2531 - Standing to sue third parties for injury to goods.
NRS 104A.2532 - Lessor’s rights to residual interest.
NRS 104A.4102 - Subject matter.
NRS 104A.4103 - Payment order: Definitions.
NRS 104A.4104 - Funds transfer: Definitions.
NRS 104A.4105 - Other definitions.
NRS 104A.4106 - Time payment order is received.
NRS 104A.4107 - Federal Reserve regulations and operating circulars.
NRS 104A.4201 - Security procedure.
NRS 104A.4202 - Authorized and verified payment orders.
NRS 104A.4203 - Unenforceability of certain verified payment orders.
NRS 104A.4205 - Erroneous payment orders.
NRS 104A.4206 - Transmission of payment order through funds-transfer or other communication system.
NRS 104A.4207 - Misdescription of beneficiary.
NRS 104A.4208 - Misdescription of intermediary bank or beneficiary’s bank.
NRS 104A.4209 - Acceptance of payment order.
NRS 104A.4210 - Rejection of payment order.
NRS 104A.4211 - Cancellation and amendment of payment order.
NRS 104A.4212 - Liability and duty of receiving bank regarding unaccepted payment order.
NRS 104A.4301 - Execution and execution date.
NRS 104A.4302 - Obligation of receiving bank in execution of payment order.
NRS 104A.4303 - Erroneous execution of payment order.
NRS 104A.4304 - Duty of sender to report erroneously executed payment order.
NRS 104A.4305 - Liability for late or improper execution or failure to execute payment order.
NRS 104A.4402 - Obligation of sender to pay receiving bank.
NRS 104A.4403 - Payment by sender to receiving bank.
NRS 104A.4404 - Obligation of beneficiary’s bank to pay and give notice to beneficiary.
NRS 104A.4405 - Payment by beneficiary’s bank to beneficiary.
NRS 104A.4406 - Payment by originator to beneficiary; discharge of underlying obligation.
NRS 104A.4501 - Variation by agreement and effect of funds-transfer system rule.
NRS 104A.4502 - Creditor’s process served on receiving bank; setoff by beneficiary’s bank.
NRS 104A.4503 - Injunction or restraining order with respect to funds transfer.
NRS 104A.4505 - Preclusion of objection to debit of customer’s account.