(1) If a lessor discovers the lessee to be insolvent, the lessor may refuse to deliver the goods.
(2) After a default by the lessee under the lease contract of the type described in section 2A-523(1) or 2A-523(3)(a) or, if agreed, after other default by the lessee, the lessor has the right to take possession of the goods. If the lease contract so provides, the lessor may require the lessee to assemble the goods and make them available to the lessor at a place to be designated by the lessor which is reasonably convenient to both parties. Without removal, the lessor may render unusable any goods employed in trade or business, and may dispose of goods on the lessee's premises (section 2A-527).
(3) The lessor may proceed under subsection (2) without judicial process if it can be done without breach of the peace or the lessor may proceed by action.
Structure West Virginia Code
Chapter 46. Uniform Commercial Code
§46-2A-103. Definitions and Index of Definitions
§46-2A-104. Leases Subject to Other Law
§46-2A-105. Territorial Application of Article to Goods Covered by Certificate of Title
§46-2A-107. Waiver or Renunciation of Claim or Right After Default
§46-2A-109. Option to Accelerate at Will
§46-2A-202. Final Written Expression: Parol or Extrinsic Evidence
§46-2A-204. Formation in General
§46-2A-206. Offer and Acceptance in Formation of Lease Contract
§46-2A-208. Modification, Rescission and Waiver
§46-2A-209. Lessee Under Finance Lease as Beneficiary of Supply Contract
§46-2A-210. Express Warranties
§46-2A-212. Implied Warranty of Merchantability
§46-2A-213. Implied Warranty of Fitness for Particular Purpose
§46-2A-214. Exclusion or Modification of Warranties
§46-2A-215. Cumulation and Conflict of Warranties Express or Implied
§46-2A-216. Third-Party Beneficiaries of Express and Implied Warranties
§46-2A-218. Insurance and Proceeds
§46-2A-220. Effect of Default on Risk of Loss
§46-2A-221. Casualty to Identified Goods
§46-2A-301. Enforceability of Lease Contract
§46-2A-302. Title to and Possession of Goods
§46-2A-304. Subsequent Lease of Goods by Lessor
§46-2A-305. Sale or Sublease of Goods by Lessee
§46-2A-306. Priority of Certain Liens Arising by Operation of Law
§46-2A-308. Special Rights of Creditors
§46-2A-309. Lessor's and Lessee's Rights When Goods Become Fixtures
§46-2A-310. Lessor's and Lessee's Rights When Goods Become Accessions
§46-2A-311. Priority Subject to Subordination
§46-2A-401. Insecurity; Adequate Assurance of Performance
§46-2A-402. Anticipatory Repudiation
§46-2A-403. Retraction of Anticipatory Repudiation
§46-2A-404. Substituted Performance
§46-2A-405. Excused Performance
§46-2A-406. Procedure on Excused Performance
§46-2A-407. Irrevocable Promises; Finance Leases
§46-2A–501. Default; Procedure
§46-2A-502. Notice After Default
§46-2A-503. Modification or Impairment of Rights and Remedies
§46-2A-504. Liquidation of Damages
§46-2A-506. Statute of Limitations
§46-2A-507. Proof of Market Rent; Time and Place
§46-2A-509. Lessee's Rights on Improper Delivery; Rightful Rejection
§46-2A-510. Installment Lease Contracts; Rejection and Default
§46-2A-511. Merchant Lessee's Duties as to Rightfully Rejected Goods
§46-2A-512. Lessee's Duties as to Rightfully Rejected Goods
§46-2A-513. Cure by Lessor of Improper Tender or Delivery; Replacement
§46-2A-514. Waiver of Lessee's Objections
§46-2A-515. Acceptance of Goods
§46-2A-517. Revocation of Acceptance of Goods
§46-2A–518. Cover; Substitute Goods
§46-2A-520. Lessee's Incidental and Consequential Damages
§46-2A-521. Lessee's Right to Specific Performance or Replevin
§46-2A-522. Lessee's Right to Goods on Lessor's Insolvency
§46-2A-524. Lessor's Right to Identify Goods to Lease Contract
§46-2A-525. Lessor's Right to Possession of Goods
§46-2A-526. Lessor's Stoppage of Delivery in Transit or Otherwise
§46-2A–527. Lessor's Rights to Dispose of Goods
§46-2A–528. Lessor's Damages for Nonacceptance, Failure to Pay, Repudiation, or Other Default
§46-2A-529. Lessor's Action for the Rent
§46-2A-530. Lessor's Incidental Damages
§46-2A-531. Standing to Sue Third Parties for Injury to Goods