Lessor's Remedies

  1. Law
  2. Georgia Code
  3. Commercial Code
  4. Leases
  5. Default
  6. Lessor's Remedies

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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 (Code Section 11-2A-510), the lessee is in default under the lease contract and the lessor may:
  1. Cancel the lease contract (Code Section 11-2A-505(1));
  2. Proceed respecting goods not identified to the lease contract (Code Section 11-2A-524);
  3. Withhold delivery of the goods and take possession of goods previously delivered (Code Section 11-2A-525);
  4. Stop delivery of the goods by any bailee (Code Section 11-2A-526);
  5. Dispose of the goods and recover damages (Code Section 11-2A-527), or retain the goods and recover damages (Code Section 11-2A-528), or in a proper case recover rent (Code Section 11-2A-529);
  6. Exercise any other rights or pursue any other remedies provided in the lease contract.

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.

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:

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 subsections (1) or (2); or

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).

(Code 1981, §11-2A-523, enacted by Ga. L. 1993, p. 633, § 1.)

RESEARCH REFERENCES

U.L.A.

- Uniform Commercial Code (U.L.A.) § 2A-523.


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