Ohio Revised Code
Chapter 1310 | Leases
Section 1310.54 | Lessee's Remedies - Ucc 2a-508.

Effective: November 6, 1992
Latest Legislation: House Bill 693 - 119th General Assembly
(A) If a lessor fails to deliver the goods in conformity to the lease contract as provided in section 1310.55 of the Revised Code or repudiates the lease contract as provided in section 1310.41 of the Revised Code, or if a lessee rightfully rejects the goods as provided in section 1310.55 of the Revised Code or justifiably revokes acceptance of the goods as provided in section 1310.63 of the Revised Code, 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 as provided in section 1310.56 of the Revised Code, the lessor is in default under the lease contract, and the lessee may do one or more of the following:
(1) Cancel the lease contract as provided in division (A) of section 1310.51 of the Revised Code;
(2) Recover so much of the rent and security as has been paid and is just under the circumstances;
(3) Cover and recover damages as to all goods affected, whether or not they have been identified to the lease contract, as provided in sections 1310.64 and 1310.66 of the Revised Code, or recover damages for nondelivery as provided in sections 1310.65 and 1310.66 of the Revised Code;
(4) Exercise any other rights or pursue any other remedies provided in the lease contract.
(B) If a lessor fails to deliver the goods in conformity to the lease contract or repudiates the lease contract, the lessee also may do one of the following:
(1) If the goods have been identified, recover them as provided in section 1310.68 of the Revised Code;
(2) In a proper case, obtain specific performance or replevy the goods as provided in section 1310.67 of the Revised Code.
(C) 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 division (C) of section 1310.65 of the Revised Code.
(D) If a lessor has breached an express or implied warranty, the lessee may recover damages as provided in division (D) of section 1310.65 of the Revised Code.
(E) 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 section 1310.73 of the Revised Code.
(F) Subject to section 1310.46 of the Revised Code, 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.

Structure Ohio Revised Code

Ohio Revised Code

Title 13 | Commercial Transactions

Chapter 1310 | Leases

Section 1310.01 | Definitions - Ucc 2a-103.

Section 1310.02 | Provisions Apply to All Transactions Creating Lease - Application of Other Laws - Ucc 2a-104.

Section 1310.03 | Territorial Application of Provisions to Goods Covered by Certificate of Title - Ucc 2a-105.

Section 1310.04 | Limitation on Power of Parties to Consumer Lease to Choose Applicable Law and Judicial Forum - Ucc 2a-106.

Section 1310.05 | Waiver or Renunciation of Claim or Right After Default - Ucc 2a-107.

Section 1310.06 | Unconscionability - Ucc 2a-108.

Section 1310.07 | Option to Accelerate at Will - Ucc 2a-109.

Section 1310.08 | Statute of Frauds - Ucc 2a-201.

Section 1310.09 | Final Written Expression - Parol or Extrinsic Evidence - Ucc 2a-202.

Section 1310.10 | Seals Inoperative - Ucc 2a-203.

Section 1310.11 | Formation in General - Ucc 2a-204.

Section 1310.12 | Firm Offers - Ucc 2a-205.

Section 1310.13 | Offer and Acceptance in Formation of Lease Contract - Ucc 2a-206.

Section 1310.15 | Modification, Rescission and Waiver - Ucc 2a-208.

Section 1310.16 | Lessee Under Finance Lease as Beneficiary of Supply Contract - Ucc 2a-209.

Section 1310.17 | Express Warranties - Ucc 2a-210.

Section 1310.18 | Warranties Against Interference and Against Infringement - Lessee's Obligation Against Infringement - Ucc 2a-211.

Section 1310.19 | Implied Warranty of Merchantability - Ucc 2a-212.

Section 1310.20 | Implied Warranty of Fitness for Particular Purpose - Ucc 2a-213.

Section 1310.21 | Exclusion or Modification of Warranties - Ucc 2a-214.

Section 1310.22 | Cumulation and Conflict of Warranties Express or Implied - Ucc 2a-215.

Section 1310.23 | Third-Party Beneficiaries of Express and Implied Warranties - Ucc 2a-216 Alternative C.

Section 1310.24 | Identification - Ucc 2a-217.

Section 1310.25 | Insurance and Proceeds - Ucc 2a-218.

Section 1310.26 | Risk of Loss - Ucc 2a-219.

Section 1310.27 | Effect of Default on Risk of Loss - Ucc 2a-220.

Section 1310.28 | Casualty to Identified Goods - Ucc 2a-221.

Section 1310.29 | Enforceability of Lease Contract - Ucc 2a-301.

Section 1310.30 | Title to and Possession of Goods - Ucc 2a-302.

Section 1310.31 | Alienability of Party's Interest Under Lease Contract or of Lessor's Residual Interest in Goods - Delegation of Performance - Transfer of Rights - Ucc 2a-303.

Section 1310.32 | Subsequent Lease of Goods by Lessor - Ucc 2a-304.

Section 1310.33 | Sale or Sublease of Goods by Lessee - Ucc 2a-305.

Section 1310.34 | Priority of Certain Liens Arising by Operation of Law - Ucc 2a-306.

Section 1310.35 | Priority of Liens Arising by Attachment or Levy On, Security Interests In, and Other Claims to Goods - Ucc 2a-307.

Section 1310.36 | Special Rights of Creditors - Ucc 2a-308.

Section 1310.37 | Lessor's and Lessee's Rights When Goods Become Fixtures - Ucc 2a-309.

Section 1310.38 | Lessor's and Lessee's Rights When Goods Become Accessions - Ucc 2a-310.

Section 1310.39 | Subordination by Agreement.

Section 1310.40 | Insecurity - Adequate Assurance of Performance - Ucc 2a-401.

Section 1310.41 | Anticipatory Repudiation - Ucc 2a-402.

Section 1310.42 | Retraction of Anticipatory Repudiation - Ucc 2a-403.

Section 1310.43 | Substituted Performance - Ucc 2a-404.

Section 1310.44 | Excused Performance - Ucc 2a-405.

Section 1310.45 | Procedure on Excused Performance - Ucc 2a-406.

Section 1310.46 | Irrevocable Promises, Finance Leases - Ucc 2a-407.

Section 1310.47 | Default, Procedure - Ucc 2a-501.

Section 1310.48 | Notice After Default - Ucc 2a-502.

Section 1310.49 | Modification or Impairment of Rights and Remedies - Ucc 2a-503.

Section 1310.50 | Liquidation of Damages - Ucc 2a-504.

Section 1310.51 | Cancellation and Termination and Effect of Cancellation, Termination, Rescission or Fraud on Rights and Remedies - Ucc 2a-505.

Section 1310.52 | Statute of Limitations - Ucc 2a-506.

Section 1310.53 | Proof of Market Rent - Time and Place - Ucc 2a-507.

Section 1310.54 | Lessee's Remedies - Ucc 2a-508.

Section 1310.55 | Lessee's Rights on Improper Delivery - Rightful Rejection - Ucc 2a-509.

Section 1310.56 | Installment Lease Contracts - Rejection and Default - Ucc 2a-510.

Section 1310.57 | Merchant Lessee's Duties as to Rightfully Rejected Goods - Ucc 2a-511.

Section 1310.58 | Lessee's Duties as to Rightfully Rejected Goods - Ucc 2a-512.

Section 1310.59 | Cure by Lessor of Improper Tender or Delivery - Replacement - Ucc 2a-513.

Section 1310.60 | Waiver of Lessee's Objections - Ucc 2a-514.

Section 1310.61 | Acceptance of Goods - Ucc 2a-515.

Section 1310.62 | Effect of Acceptance of Goods - Notice of Default - Burden of Establishing Default After Acceptance - Notice of Claim or Litigation to Person Answerable Over - Ucc 2a-516.

Section 1310.63 | Revocation of Acceptance of Goods - Ucc 2a-517.

Section 1310.64 | Cover - Substitute Goods - Ucc 2a-518.

Section 1310.65 | Lessee's Damages for Non-Delivery, Repudiation, Default and Breach of Warranty in Regard to Accepted Goods - Ucc 2a-519.

Section 1310.66 | Lessee's Incidental and Consequential Damages - Ucc 2a-520.

Section 1310.67 | Lessee's Right to Specific Performance or Replevin - Ucc 2a-521.

Section 1310.68 | Lessee's Right to Goods on Lessor's Insolvency - Ucc 2a-522.

Section 1310.69 | Lessor's Remedies - (Ucc 2a-523).

Section 1310.70 | Lessor's Right to Identify Goods to Lease Contract - Ucc 2a-524.

Section 1310.71 | Lessor's Right to Possession of Goods - Ucc 2a-525.

Section 1310.72 | Lessor's Stoppage of Delivery in Transit or Otherwise - Ucc 2a-526.

Section 1310.73 | Lessor's Rights to Dispose of Goods - Ucc 2a-527.

Section 1310.74 | Lessor's Damages for Non-Acceptance, Failure to Pay, Repudiation or Other Default - Ucc 2a-528.

Section 1310.75 | Lessor's Action for Rent - Ucc 2a-529.

Section 1310.76 | Lessor's Incidental Damages - Ucc 2a-530.

Section 1310.77 | Standing to Sue Third Parties for Injury to Goods - Ucc 2a-531.

Section 1310.78 | Lessor's Rights to Residual Interest - Ucc 2a-532.