Indiana § 26-1-2.1-508 Lessee's remedies

Indiana Statutes

§ 26-1-2.1-508 — Lessee's remedies

Indiana § 26-1-2.1-508

Title 26COMMERCIAL LAW

Art. 1UNIFORM COMMERCIAL CODE

Ch. 2.1Leases

This text of Indiana § 26-1-2.1-508 (Lessee's remedies) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 26-1-2.1-508 (2026).

Text

(1)If a lessor fails to deliver the goods in conformity to the lease contract (IC 26-1-2.1-509) or repudiates the lease contract (IC 26-1-2.1-402), or a lessee rightfully rejects the goods (IC 26-1-2.1-509) or justifiably revokes acceptance of the goods (IC 26-1-2.1-517), 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 (IC 26-1-2.1-510), the lessor is in default under the lease contract and the lessee may:

(a)cancel the lease contract (IC 26-1-2.1-505(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 le

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(1) If a lessor fails to deliver the goods in
conformity to the lease contract (IC 26-1-2.1-509) or repudiates the
lease contract (IC 26-1-2.1-402), or a lessee rightfully rejects the goods
(IC 26-1-2.1-509) or justifiably revokes acceptance of the goods (IC 26-1-2.1-517), 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 (IC 26-1-2.1-510), the lessor is in default under the lease contract and the
lessee may:
(a) cancel the lease contract (IC 26-1-2.1-505(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 (IC 26-1-2.1-518 and IC 26-1-2.1-520), or recover damages for
nondelivery (IC 26-1-2.1-519 and IC 26-1-2.1-520); and
(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 (IC 26-1-2.1-522); or
(b) in a proper case, obtain specific performance or replevy the
goods (IC 26-1-2.1-521).
(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 IC 26-1-2.1-519(3).
(4) If a lessor has breached a warranty, whether express or implied,
the lessee may recover damages (IC 26-1-2.1-519(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 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 IC 26-1-2.1-527(5).
(6) Subject to the provisions of IC 26-1-2.1-407, 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.