Kentucky Statutes 355.2A-508 – Lessee’s remedies
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(1) If a lessor fails to deliver the goods in conformity to the lease contract (KRS
355.2A-509) or repudiates the lease contract (KRS § 355.2A-402), or a lessee rightfully rejects the goods (KRS § 355.2A-509) or justifiably revokes acceptance of the goods (KRS § 355.2A-517), 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 (KRS § 355.2A-510), the lessor is in default under the lease contract and the lessee may:
(a) Cancel the lease contract (subsection (1) of KRS § 355.2A-505);
(b) Recover so much of the rent and security as has been paid and is just under the circumstances;
(c) Cover and recover damages as to all goods affected whether or not they have been identified to the lease contract (KRS § 355.2A-518 and KRS § 355.2A-520), or recover damages for nondelivery (KRS § 355.2A-519 and KRS § 355.2A-520);
(d) Exercise any other rights or pursue any other remedies provided in the lease contract.
(2) If a lessor fails to deliver the goods in conformity to the lease contract or repudiates the lease contract, the lessee may also:
(a) If the goods have been identified, recover them (KRS § 355.2A-522); or
(b) In a proper case, obtain specific performance or replevy the goods (KRS
355.2A-521).
(3) If a lessor is otherwise in default under a lease contract, the lessee may exercise the rights and pursue the remedies provided in the lease contract, which may include a right to cancel the lease, and in KRS § 355.2A-519(3).
(4) If a lessor has breached a warranty, whether express or implied, the lessee may recover damages (subsection (4) of KRS § 355.2A-519).
(5) On rightful rejection or justifiable revocation of acceptance, a lessee has a security interest in goods in the lessee’s possession or control for any rent and security that has been paid and any expenses reasonably incurred in their inspection, receipt, transportation, and care and custody and may hold those goods and dispose of them in good faith and in a commercially reasonable manner, subject to subsection (5) of KRS § 355.2A-527.
(6) Subject to the provisions of KRS § 355.2A-407, a lessee, on notifying the lessor of the lessee’s intention to do so, may deduct all or any part of the damages resulting from any default under the lease contract from any part of the rent still due under the same lease contract.
Effective: January 1, 1993
History: Amended 1992 Ky. Acts ch. 116, sec. 13, effective January 1, 1993 — Created
1990 Ky. Acts ch. 363, sec. 55, effective January 1, 1991.
355.2A-509) or repudiates the lease contract (KRS § 355.2A-402), or a lessee rightfully rejects the goods (KRS § 355.2A-509) or justifiably revokes acceptance of the goods (KRS § 355.2A-517), 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 (KRS § 355.2A-510), the lessor is in default under the lease contract and the lessee may:
Terms Used In Kentucky Statutes 355.2A-508
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Goods: means all things that are movable at the time of identification to the lease contract, or are fixtures (KRS §. See Kentucky Statutes 355.2A-103
- Installment lease contract: means a lease contract that authorizes or requires the delivery of goods in separate lots to be separately accepted, even though the lease contract contains a clause "each delivery is a separate lease" or its equivalent. See Kentucky Statutes 355.2A-103
- Lease: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See Kentucky Statutes 355.2A-103
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lease contract: means the total legal obligation that results from the lease agreement as affected by this article and any other applicable rules of law. See Kentucky Statutes 355.2A-103
- Lessee: means a person who acquires the right to possession and use of goods under a lease. See Kentucky Statutes 355.2A-103
- Lessor: means a person who transfers the right to possession and use of goods under a lease. See Kentucky Statutes 355.2A-103
(a) Cancel the lease contract (subsection (1) of KRS § 355.2A-505);
(b) Recover so much of the rent and security as has been paid and is just under the circumstances;
(c) Cover and recover damages as to all goods affected whether or not they have been identified to the lease contract (KRS § 355.2A-518 and KRS § 355.2A-520), or recover damages for nondelivery (KRS § 355.2A-519 and KRS § 355.2A-520);
(d) Exercise any other rights or pursue any other remedies provided in the lease contract.
(2) If a lessor fails to deliver the goods in conformity to the lease contract or repudiates the lease contract, the lessee may also:
(a) If the goods have been identified, recover them (KRS § 355.2A-522); or
(b) In a proper case, obtain specific performance or replevy the goods (KRS
355.2A-521).
(3) If a lessor is otherwise in default under a lease contract, the lessee may exercise the rights and pursue the remedies provided in the lease contract, which may include a right to cancel the lease, and in KRS § 355.2A-519(3).
(4) If a lessor has breached a warranty, whether express or implied, the lessee may recover damages (subsection (4) of KRS § 355.2A-519).
(5) On rightful rejection or justifiable revocation of acceptance, a lessee has a security interest in goods in the lessee’s possession or control for any rent and security that has been paid and any expenses reasonably incurred in their inspection, receipt, transportation, and care and custody and may hold those goods and dispose of them in good faith and in a commercially reasonable manner, subject to subsection (5) of KRS § 355.2A-527.
(6) Subject to the provisions of KRS § 355.2A-407, a lessee, on notifying the lessor of the lessee’s intention to do so, may deduct all or any part of the damages resulting from any default under the lease contract from any part of the rent still due under the same lease contract.
Effective: January 1, 1993
History: Amended 1992 Ky. Acts ch. 116, sec. 13, effective January 1, 1993 — Created
1990 Ky. Acts ch. 363, sec. 55, effective January 1, 1991.