Leases (UCC Article 2A) 

North Carolina General Statutes > Chapter 25 > Article 2A > § 25-2A-523 - Lessor's remedies

(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 (Gen. Stat. 25-2A-510), the lessee is in default under the lease contract and the lessor may:

(a) cancel the lease contract (Gen. Stat. 25-2A-505(1));

(b) proceed respecting goods not identified to the lease contract (Gen. Stat. 25-2A-524);

(c) withhold delivery of the goods and take possession of goods previously delivered (Gen. Stat. 25-2A-525);

(d) stop delivery of the goods by any bailee (Gen. Stat. 25-2A-526);

(e) dispose of the goods and recover damages (Gen. Stat. 25-2A-527), or retain the goods and recover damages (Gen. Stat. 25-2A-528), or in a proper case recover rent (Gen. Stat. 25-2A-529);

(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) of this section, 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 subsections (1) or (2) of this section; 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) of this section.

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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?...

See also:

North Carolina General Statutes Chapter 25 > Article 2A - Leases

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