Missouri Revised Statutes













Chapter 400

Uniform Commercial Code

←400.2A-528

Section 400.2A-529.1

400.2A-530→

August 28, 2015

Lessor's action for the rent.

400.2A-529. (1) After default by the lessee under the lease contract of

the type described in section 400.2A-523(1) or 400.2A-523(3)(a) or, if

agreed, after other default by the lessee, if the lessor complies with

subsection (2), the lessor may recover from the lessee as damages:



(a) 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 400.2A-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 400.2A-530, less expenses saved in consequence

of the lessee's default; and



(b) 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 400.2A-530, less expenses saved in consequence of the lessee's

default.



(2) Except as provided in subsection (3), 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.



(3) The lessor may dispose of the goods at any time before collection of

the judgment for damages obtained pursuant to subsection (1). 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 400.2A-527 or section 400.2A-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 400.2A-527 or 400.2A-528.



(4) Payment of the judgment for damages obtained pursuant to subsection

(1) 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.



(5) After a lessee has wrongfully rejected or revoked acceptance of

goods, has failed to pay rent then due, or has repudiated (Section

400.2A-402), a lessor who is held not entitled to rent under this section

must nevertheless be awarded damages for non-acceptance under sections

400.2A-527 and 400.2A-528.



(L. 1992 S.B. 448)







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