Section 2-A-508. Lessee's Remedies  


Latest version.
  • (1)  If a lessor fails to deliver the goods in conformity to the lease
      contract (Section 2-A-509) or repudiates  the  lease  contract  (Section
      2-A-402),  or a lessee rightfully rejects the goods (Section 2-A-509) or
      justifiably revokes acceptance of the goods (Section 2-A-517), 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 2-A-510), the lessor  is  in
      default under the lease contract and the lessee may:
        (a) cancel the lease contract (Section 2-A-505 (1));
        (b) recover  so  much of the rent and security as has been paid and is
      just under the circumstances;
        (c) cover and recover damages as to all goods affected whether or  not
      they  have  been  identified to the lease contract (Sections 2-A-518 and
      2-A-520), or recover  damages  for  nondelivery  (Sections  2-A-519  and
      2-A-520);
        (d) exercise any other rights or pursue any other remedies provided in
      the lease contract.
        (2)  If a lessor fails to deliver the goods in conformity to the lease
      contract or repudiates the lease contract, the lessee may also:
        (a) if the goods have been identified, recover them (Section 2-A-522);
      or
        (b) in a proper case, obtain specific performance or replevy the goods
      (Section 2-A-521).
        (3) 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
      Section 2-A-519(3).
        (4)  If  a lessor has breached a warranty, whether express or implied,
      the lessee may recover damages (Section 2-A-519(4)).
        (5) 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 interest 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 2-A-527(5).
        (6) Subject to  the  provisions  of  Section  2-A-407,  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.