Indiana § 26-1-2.1-523 Lessor's remedies

Indiana Statutes

§ 26-1-2.1-523 — Lessor's remedies

Indiana § 26-1-2.1-523

Title 26COMMERCIAL LAW

Art. 1UNIFORM COMMERCIAL CODE

Ch. 2.1Leases

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Bluebook

Ind. Code § 26-1-2.1-523 (2026).

Text

(1)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 (IC 26-1-2.1-510), the lessee is in default under the lease contract and the lessor may:

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

(b)proceed respecting goods not identified to the lease contract (IC 26-1-2.1-524);

(c)withhold delivery of the goods and take possession of goods previously delivered (IC 26-1-2.1-525);

(d)stop delivery of the goods by any bailee (IC 26-1-2.1-526);

(e)dispose of the goods and recover damages (IC 26-1-2.1-527), or reta

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(1) 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 (IC 26-1-2.1-510), the lessee is in default under
the lease contract and the lessor may:
(a) cancel the lease contract (IC 26-1-2.1-505(1));
(b) proceed respecting goods not identified to the lease contract
(IC 26-1-2.1-524);
(c) withhold delivery of the goods and take possession of goods
previously delivered (IC 26-1-2.1-525);
(d) stop delivery of the goods by any bailee (IC 26-1-2.1-526);
(e) dispose of the goods and recover damages (IC 26-1-2.1-527),
or retain the goods and recover damages (IC 26-1-2.1-528), or in
a proper case recover rent (IC 26-1-2.1-529); and
(f) exercise any other rights or pursue any other remedies
provided in the lease contract.
(2) If a lessor does not fully exercise a right or obtain a remedy to
which the lessor is entitled under subsection (1), 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.
(3) 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:
(a) 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 (1) or (2); or
(b) if the default does not substantially impair the value of the
lease contract to the lessor, the lessor may recover as provided in
subsection (2).