Ohio § 1310.74 Lessor's damages for non-acceptance, failure to pay, repudiation or other default - UCC 2A-528

Ohio Statutes

§ 1310.74 — Lessor's damages for non-acceptance, failure to pay, repudiation or other default - UCC 2A-528

Ohio § 1310.74

Title 13Commercial Transactions

Ch. 1310Leases

This text of Ohio § 1310.74 (Lessor's damages for non-acceptance, failure to pay, repudiation or other default - UCC 2A-528) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio Rev. Code Ann. § 1310.74 (2026).

Text

(A)Except as otherwise provided with respect to damages liquidated in the lease agreement pursuant to section1310.50of the Revised Code or otherwise determined pursuant to the agreement of the parties as provided in section1301.302and section1310.49of the Revised Code, if a lessor elects to retain the goods or a lessor elects to dispose of the goods and the disposition is by lease agreement that for any reason does not qualify for treatment under division (B) of section1310.73of the Revised Code or is by sale or otherwise, the lessor may recover from the lessee as damages for a default of the type described in division (A) or (C)(1) of section1310.69of the Revised Code or, if agreed, for other default of the lessee all of the following:

(1)Accrued and unpaid rent as of the dat

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(A) Except as otherwise provided with respect to damages liquidated in the lease agreement pursuant to section1310.50of the Revised Code or otherwise determined pursuant to the agreement of the parties as provided in section1301.302and section1310.49of the Revised Code, if a lessor elects to retain the goods or a lessor elects to dispose of the goods and the disposition is by lease agreement that for any reason does not qualify for treatment under division (B) of section1310.73of the Revised Code or is by sale or otherwise, the lessor may recover from the lessee as damages for a default of the type described in division (A) or (C)(1) of section1310.69of the Revised Code or, if agreed, for other default of the lessee all of the following:

(1) Accrued and unpaid rent as of the date of default, if the lessee has never taken possession of the goods or, if the lessee has taken possession of the goods, as of the date the lessor repossesses the goods or an earlier date on which the lessee makes a tender of the goods to the lessor;

(2) The present value as of the date determined under division (A)(1) of this section of the total rent for the then remaining lease term of the original lease agreement minus the present value as of the same date of the market rent at the place where the goods are located computed for the same lease term;

(3) Any incidental damages allowed under section1310.76of the Revised Code, less expenses saved in consequence of the lessee's default.

(B) If the measure of damages provided in division (A) of this section is inadequate to put a lessor in as good a position as performance would have, the measure of damages is the present value of the profit, including reasonable overhead, the lessor would have made from full performance by the lessee, together with any incidental damages allowed under section1310.76of the Revised Code, due allowance for costs reasonably incurred, and due credit for payments or proceeds of disposition.