8.2A-508 - A-508. Lessee's remedies. - Virginia Statutes

§ 8.2A-508. Lessee's remedies.

(1) If a lessor fails to deliver the goods in conformity to the leasecontract (§ 8.2A-509) or repudiates the lease contract (§ 8.2A-402), or alessee rightfully rejects the goods (§ 8.2A-509) or justifiably revokesacceptance of the goods (§ 8.2A-517), then with respect to any goodsinvolved, and with respect to all of the goods if under an installment leasecontract the value of the whole lease contract is substantially impaired (§8.2A-510), the lessor is in default under the lease contract and the lesseemay:

(a) Cancel the lease contract (subsection (1) of § 8.2A-505);

(b) Recover so much of the rent and security as has been paid, and is justunder the circumstances;

(c) Cover and recover damages as to all goods affected whether or not theyhave been identified to the lease contract (§§ 8.2A-518 and 8.2A-520), orrecover damages for nondelivery (§§ 8.2A-519 and 8.2A-520); or

(d) Exercise any other rights or pursue any other remedies provided in thelease contract.

(2) If a lessor fails to deliver the goods in conformity to the leasecontract or repudiates the lease contract, the lessee may also:

(a) If the goods have been identified, recover them (§ 8.2A-522); or

(b) In a proper case, obtain specific performance or recover the goods (§8.2A-521).

(3) If a lessor is otherwise in default under a lease contract, the lesseemay exercise the rights and pursue the remedies provided in the leasecontract, which may include a right to cancel the lease, and in subsection(3) of § 8.2A-519.

(4) If a lessor has breached a warranty, whether express or implied, thelessee may recover damages (subsection (4) of § 8.2A-519).

(5) On rightful rejection or justifiable revocation of acceptance, a lesseehas a security interest in goods in the lessee's possession or control forany rent and security that has been paid and any expenses reasonably incurredin their inspection, receipt, transportation, and care and custody and mayhold those goods and dispose of them in good faith and in a commerciallyreasonable manner, subject to subsection (5) of § 8.2A-527.

(6) Subject to the provisions of § 8.2A-407, a lessee, on notifying thelessor of the lessee's intention to do so, may deduct all or any part of thedamages resulting from any default under the lease contract from any part ofthe rent still due under the same lease contract.

(1991, c. 536.)