1. After a default by a lessee under the lease contract of the type described in subsection 1 or paragraph (a) of subsection 3 of NRS 104A.2523 or after the lessor refuses to deliver or takes possession of goods (NRS 104A.2525 or 104A.2526), or, if agreed, after other default by the lessee, the lessor may dispose of the goods concerned or the undelivered balance thereof by lease, sale or otherwise.
2. Except as otherwise provided with respect to damages liquidated in the lease agreement (NRS 104A.2504) or otherwise determined pursuant to agreement of the parties (NRS 104.1302 and 104A.2503), if the disposition is by lease agreement substantially similar to the original lease agreement and the lease agreement is made in good faith and in a commercially reasonable manner, the lessor may recover from the lessee as damages:
(a) Accrued and unpaid rent as of the date of the commencement of the term of the new lease agreement;
(b) The present value, as of the same date, of the total rent for the then remaining lease term of the original lease agreement minus the present value, as of the same date, of the rent under the new lease agreement applicable to that period of the new lease term which is comparable to the then remaining term of the original lease agreement; and
(c) Any incidental damages allowed under NRS 104A.2530,
less expenses saved in consequence of the lessee’s default.
3. If the lessor’s disposition is by lease agreement that for any reason does not qualify for treatment under subsection 2, or is by sale or otherwise, the lessor may recover from the lessee as if the lessor had elected not to dispose of the goods and NRS 104A.2528 governs.
4. A subsequent buyer or lessee who buys or leases from the lessor in good faith for value as a result of a disposition under this section takes the goods free of the original lease contract and any rights of the original lessee even though the lessor fails to comply with one or more of the requirements of this Article.
5. The lessor is not accountable to the lessee for any profit made on any disposition. A lessee who has rightfully rejected or justifiably revoked acceptance shall account to the lessor for any excess over the amount of the lessee’s security interest (subsection 5 of NRS 104A.2508).
(Added to NRS by 1989, 367; A 1989, 721; 1991, 427; 2005, 882)
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.