Section 45.12.523. Lessor's remedies.

   (a) If a lessee wrongfully rejects or revokes acceptance of goods or fails to make a payment when due or repudiates with respect to a part or the whole, then, with respect to the 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 (AS 45.12.510), the lessee is in default under the lease contract and the lessor may
        (1) cancel the lease contract (AS 45.12.505(a));
        (2) proceed respecting goods not identified to the lease contract under AS 45.12.524;
        (3) withhold delivery of the goods and under AS 45.12.525 take possession of goods previously delivered;
        (4) stop delivery of the goods by a bailee under AS 45.12.526;
        (5) dispose of the goods under AS 45.12.527 and recover damages, or retain the goods and recover damages under AS 45.12.528, or in a proper case recover rent under AS 45.12.529;
        (6) exercise any other rights or pursue any other remedies provided in the lease contract.
   (b) If a lessor does not fully exercise a right or obtain a remedy to which the lessor is entitled under (a) of this section, the lessor may recover the loss resulting in the ordinary course of events from the lessee's default as determined in any reasonable manner, together with incidental damages, less expenses saved in consequence of the lessee's default.
   (c) If a lessee is otherwise in default under a lease contract, the lessor may exercise the rights and pursue the remedies provided in the lease contract, which may include a right to cancel the lease. In addition, unless otherwise provided in the lease contract,
        (1) if the default substantially impairs the value of the lease contract to the lessor, the lessor may exercise the rights and pursue the remedies provided in (a) or (b) of this section; or
        (2) if the default does not substantially impair the value of the lease contract to the lessor, the lessor may recover as provided in (b) of this section.

Authorities

45.12.524;45.12.525;45.12.527;45.12.528;45.12.529

Notes

References

AS 45.12.524 Lessor's right to identify goods to lease contract.
AS 45.12.525 Lessor's right to possession of goods.
AS 45.12.527 Lessor's rights to dispose of goods.
AS 45.12.528 Lessor's damages for nonacceptance, failure to pay, repudiation, or other default.
AS 45.12.529 Lessor's action for the rent.

History

(Sec. 125 ch 35 SLA 1993)