§490:2A-529  Lessor's action for the rent.  (a) 

After default by the lessee under the lease contract of the type described in

section 490:2A-523(a) or 490:2A-523(c)(1) or, if agreed, after other default by

the lessee, if the lessor complies with subsection (b), the lessor may recover

from the lessee as damages:

     (1)  For goods accepted by the lessee and not

repossessed by or tendered to the lessor, and for conforming goods lost or

damaged within a commercially reasonable time after risk of loss passes to the

lessee (section 490:2A-219), (i) accrued and unpaid rent as of the date of

entry of judgment in favor of the lessor, (ii) the present value as of the same

date of the rent for the then remaining lease term of the lease agreement, and

(iii) any incidental damages allowed under section 490:2A-530, less expenses

saved in consequence of the lessee's default; and

     (2)  For goods identified to the lease contract if the

lessor is unable after reasonable effort to dispose of them at a reasonable

price or the circumstances reasonably indicate that effort will be unavailing,

(i) accrued and unpaid rent as of the date of entry of judgment in favor of the

lessor, (ii) the present value as of the same date of the rent for the then

remaining lease term of the lease agreement, and (iii) any incidental damages

allowed under section 490:2A-530, less expenses saved in consequence of the

lessee's default.

     (b)  Except as provided in subsection (c), the

lessor shall hold for the lessee for the remaining lease term of the lease

agreement any goods that have been identified to the lease contract and are in

the lessor's control.

     (c)  The lessor may dispose of the goods at any

time before collection of the judgment for damages obtained pursuant to

subsection (a).  If the disposition is before the end of the remaining lease

term of the lease agreement, the lessor's recovery against the lessee for

damages is governed by section 490:2A-527 or section 490:2A-528, and the lessor

will cause an appropriate credit to be provided against a judgment for damages

to the extent that the amount of the judgment exceeds the recovery available

pursuant to section 490:2A-527 or 490:2A-528.

     (d)  Payment of the judgment for damages

obtained pursuant to subsection (a) entitles the lessee to the use and

possession of the goods not then disposed of for the remaining lease term of

and in accordance with the lease agreement.

     (e)  After default by the lessee under the

lease contract of the type described in section 490:2A-523(a) or section

490:2A-523(c)(1) or, if agreed, after other default by the lessee, a lessor who

is held not entitled to rent under this section must nevertheless be awarded

damages for nonacceptance under section 490:2A-527 or section 490:2A-528. [L

1991, c 40, pt of §1; am L 1992, c 26, §2]