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Connecticut General Statutes 42a-2A-709 - Cancellation; effect

Connecticut General Statutes > Title 42a > Article 2A > § 42a-2A-709 - Cancellation; effect

^{Current as of: 2009}

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(a) An aggrieved party may cancel a lease contract if the conditions of section 42a-2A-716 or 42a-2A-724 are satisfied or the agreement so provides, unless there is a waiver of the default or the right to cancel under section 42a-2A-302 or there is a right to cure the default under section 42a-2A-729.

      (b) Upon cancellation, the lessee is subject to the same obligations and duties with respect to goods in the lessee's possession or control as the lessee would be if the lessee had rejected a nonconforming tender and remained in control of the goods of the lessor or if the lease contract had terminated according to its own terms.

      (c) Except as otherwise provided in subsection (e) of this section, upon cancellation, all obligations that are still executory on both sides are discharged.

      (d) The obligations surviving cancellation include:

      (1) A right based on previous default or performance of the lease contract;

      (2) Any term limiting disclosure of information;

      (3) An obligation to return or dispose of goods;

      (4) A term establishing a choice of law or forum;

      (5) A term creating an obligation to arbitrate or otherwise resolve disputes by alternative dispute resolution procedures;

      (6) A term limiting the time for commencing an action or for providing notice;

      (7) A remedy for breach of the whole lease contract or any unperformed balance;

      (8) Any other right, remedy or obligation stated in the agreement as surviving cancellation to the extent enforceable under law other than this article; and

      (9) Other rights, remedies or limitations if under the circumstances their survival is necessary to achieve the purposes of the parties.

      (e) Unless a contrary intention clearly appears, language of cancellation, rescission or avoidance of the lease contract, or similar language, is not a renunciation or discharge of any claim in damages for an antecedent default.

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Questions & Answers: Leases (UCC Article 2A)

Under NC commercial leases,does the lease become revolving if landlord does not provide new lease?...

land is leased for a racetrack, tenant constructs a scoreing tower which is a small 2 story building, tenant is leaving and wants to remove tower. Is this a fixture ? ...

Gary, Any building would be considered a fixture. A tenant can in most cases remove a fixture they installed, as long as the land is restored to its original condition. Take a look...

if someone has a fence put in and cements the poles into the ground are they considered a fixture not to be removed?...

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