South Dakota Codified Laws 57A-2A-508. Lessee’s remedies
(1) If a lessor fails to deliver the goods in conformity to the lease contract (§ 57A-2A-509) or repudiates the lease contract (§ 57A-2A-402), or a lessee rightfully rejects the goods (§ 57A-2A-509) or justifiably revokes acceptance of the goods (§ 57A-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 (§ 57A-2A-510), the lessor is in default under the lease contract and the lessee may:
(a) Cancel the lease contract (§ 57A-2A-505(1));
Terms Used In South Dakota Codified Laws 57A-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 (§. See South Dakota Codified Laws 57A-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 South Dakota Codified Laws 57A-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 South Dakota Codified Laws 57A-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 chapter and any other applicable rules of law. See South Dakota Codified Laws 57A-2A-103
- Lessee: means a person who acquires the right to possession and use of goods under a lease. See South Dakota Codified Laws 57A-2A-103
- Lessor: means a person who transfers the right to possession and use of goods under a lease. See South Dakota Codified Laws 57A-2A-103
(b) Recover so much of the rent and security as has been paid, but in the case of an installment lease contract the recovery is that which 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 (§§ 57A-2A-518 and 57A-2A-520), or recover damages for nondelivery (§§ 57A-2A-519 and 57A-2A-520).
(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 (§ 57A-2A-522); or
(b) In a proper case, obtain specific performance or replevy the goods (§ 57A-2A-521).
(3) If a lessor is otherwise in default under a lease contract, the lessee may exercise the rights and remedies provided in this chapter except to the extent that this chapter makes the right or remedy available only upon the occurrence of a default described in subsection (1) or (2).
(4) If a lessor has breached a warranty, whether express or implied, the lessee may recover damages (§ 57A-2A-519(4)).
(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 the provisions of § 57A-2A-527(5).
(6) Subject to the provisions of § 57A-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.
Source: SL 1989, ch 419, § 1; SL 1990, ch 390, § 17.