Effective: November 6, 1992
Latest Legislation: House Bill 693 - 119th General Assembly
(A) If a lessee wrongfully rejects or revokes acceptance of goods, 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 as provided in section 1310.56 of the Revised Code, the lessee is in default under the lease contract, and the lessor 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) Proceed respecting goods not identified to the lease contract as provided in section 1310.70 of the Revised Code;
(3) Withhold delivery of the goods and take possession of goods previously delivered as provided in section 1310.71 of the Revised Code;
(4) Stop delivery of the goods by any bailee as provided in section 1310.72 of the Revised Code;
(5) Dispose of the goods and recover damages as provided in section 1310.73 of the Revised Code, retain the goods and recover damages as provided in section 1310.74 of the Revised Code, or in a proper case recover rent as provided in section 1310.75 of the Revised Code;
(6) Exercise any other rights or pursue any other remedies provided in the lease contract.
(B) If a lessor does not fully exercise a right or obtain a remedy to which the lessor is entitled under division (A) of this section, 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.
(C) 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, either of the following applies:
(1) 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 division (A) or (B) of this section.
(2) If the default does not substantially impair the value of the lease contract to the lessor, the lessor may recover as provided in division (B) of this section.
Structure Ohio Revised Code
Title 13 | Commercial Transactions
Section 1310.01 | Definitions - Ucc 2a-103.
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 1310.19 | 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 1310.24 | 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 1310.32 | 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 1310.36 | 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 1310.52 | 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 1310.63 | Revocation of Acceptance of Goods - Ucc 2a-517.
Section 1310.64 | Cover - Substitute Goods - Ucc 2a-518.
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 1310.75 | 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.