North Dakota § 41-02.1-71 (2A-523) Lessor's remedies

North Dakota Statutes

§ 41-02.1-71 — (2A-523) Lessor's remedies

North Dakota § 41-02.1-71

Title 41Uniform Commercial Code

Ch. 41-02.1Leases

This text of North Dakota § 41-02.1-71 ((2A-523) Lessor's remedies) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 41-02.1-71 (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 (section 41-02.1-58), the lessee is in default under the lease contract and the lessor may:

a.Cancel the lease contract (subsection 1 of section 41-02.1-53).

b.Proceed respecting goods not identified to the lease contract (section 41-02.1-72).

c.Withhold delivery of the goods and take possession of goods previously delivered (section 41-02.1-73).

d.Stop delivery of the goods by any bailee (section 41-02.1-74).

e.Dispose of the goods and recover damages (sec

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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 (section
41-02.1-58), the lessee is in default under the lease contract and the lessor may:
a. Cancel the lease contract (subsection 1 of section 41-02.1-53).
b. Proceed respecting goods not identified to the lease contract (section
41-02.1-72).
c. Withhold delivery of the goods and take possession of goods previously delivered
(section 41-02.1-73).
d. Stop delivery of the goods by any bailee (section 41-02.1-74).
e. Dispose of the goods and recover damages (section 41-02.1-75), or retain the
goods and recover damages (section 41-02.1-76), or in a proper case recover
rent (section 41-02.1-77).
f. Exercise any other rights or remedies provided in the lease contract.
2. If a lessor does not exercise the rights 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 manner which is reasonable, 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 remedies provided in the lease contract, which may include a right to cancel
the lease, and 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 remedies provided under subsection 1 or 2.
b. If the default does not substantially impair the value of the lease contract to the
lessor, the lessor may recover under subsection 2.