Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 2A5 - Default
Section 2A523 - Lessor's remedies


(a) General rule.--If a lessee wrongfully rejects or revokes acceptance of goods or 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 (section 2A510), the lessee is in default under the lease contract and the lessor may:
(1) Cancel the lease contract (section 2A505(a)).
(2) Proceed respecting goods not identified to the lease contract (section 2A524).
(3) Withhold delivery of the goods and take possession of goods previously delivered (section 2A525).
(4) Stop delivery of the goods by any bailee (section 2A526).
(5) Dispose of the goods and recover damages (section 2A527), or retain the goods and recover damages (section 2A528), or in a proper case recover rent (section 2A529).
(6) Exercise any other rights or pursue any other remedies provided in the lease contract.
(b) When lessor does not fully exercise right or obtain remedy.--If a lessor does not fully exercise a right or obtain a remedy to which the lessor is entitled under subsection (a), 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) Other rights and remedies.--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:
(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 subsection (a) or (b); or
(2) if the default does not substantially impair the value of the lease contract to the lessor, the lessor may recover as provided in subsection (b).

Cross References. Section 2A523 is referred to in sections 2A524, 2A525, 2A527, 2A528, 2A529 of this title.

Structure Pennsylvania Consolidated & Unconsolidated Statutes

Pennsylvania Consolidated & Unconsolidated Statutes

Title 13 - COMMERCIAL CODE

Chapter 2A5 - Default

Extra - Chapter Notes

Section 2A501 - Default: procedure

Section 2A502 - Notice after default

Section 2A503 - Modification or impairment of rights and remedies

Section 2A504 - Liquidation of damages

Section 2A505 - Cancellation and termination and effect of cancellation, termination, rescission or fraud on rights and remedies

Section 2A506 - Statute of limitations

Section 2A507 - Proof of market rent: time and place

Section 2A508 - Lessee's remedies

Section 2A509 - Lessee's rights on improper delivery; rightful rejection

Section 2A510 - Installment lease contracts: rejection and default

Section 2A511 - Merchant lessee's duties as to rightfully rejected goods

Section 2A512 - Lessee's duties as to rightfully rejected goods

Section 2A513 - Cure by lessor of improper tender or delivery; replacement

Section 2A514 - Waiver of lessee's objections

Section 2A515 - Acceptance of goods

Section 2A516 - Effect of acceptance of goods; notice of default; burden of establishing default after acceptance; notice of claim or litigation to person answerable over

Section 2A517 - Revocation of acceptance of goods

Section 2A518 - Cover; substitute goods

Section 2A519 - Lessee's damages for nondelivery, repudiation, default and breach of warranty in regard to accepted goods

Section 2A520 - Lessee's incidental and consequential damages

Section 2A521 - Lessee's right to specific performance or replevin

Section 2A522 - Lessee's right to goods on lessor's insolvency

Section 2A523 - Lessor's remedies

Section 2A524 - Lessor's right to identify goods to lease contract

Section 2A525 - Lessor's right to possession of goods

Section 2A526 - Lessor's stoppage of delivery in transit or otherwise

Section 2A527 - Lessor's rights to dispose of goods

Section 2A528 - Lessor's damages for nonacceptance, failure to pay, repudiation or other default

Section 2A529 - Lessor's action for the rent

Section 2A530 - Lessor's incidental damages

Section 2A531 - Standing to sue third parties for injury to goods

Section 2A532 - Lessor's rights to residual interest