680.505 – Cancellation and termination; effect of cancellation, termination, rescission, or fraud on rights and remedies.
680.505 Cancellation and termination; effect of cancellation, termination, rescission, or fraud on rights and remedies.— (1) On cancellation of the lease contract, all obligations that are still executory on both sides are discharged, but any right based on prior default or performance survives, and the canceling party also retains any remedy for default of the whole lease […]
680.506 – Statute of limitation.
680.506 Statute of limitation.— (1) An action for default under a lease contract, including breach of warranty or indemnity, must be commenced within the time prescribed in chapter 95. Notwithstanding the provisions of s. 95.03, in a lease contract that is not a consumer lease, by the original lease contract the parties may reduce the period of […]
680.507 – Proof of market rent; time and place.
680.507 Proof of market rent; time and place.— (1) Damages based on market rent (s. 680.519 or s. 680.528) are determined according to the rent for the use of the goods concerned for a lease term identical to the remaining lease term of the original lease agreement and prevailing at the times specified in s. 680.519 or […]
680.508 – Lessee’s remedies.
680.508 Lessee’s remedies.— (1) If a lessor fails to deliver the goods in conformity to the lease contract (s. 680.509) or repudiates the lease contract (s. 680.402), or a lessee rightfully rejects the goods (s. 680.509) or justifiably revokes acceptance of the goods (s. 680.517), then with respect to any goods involved, and with respect to all […]
680.32 – Priority subject to subordination.
680.32 Priority subject to subordination.—Nothing in this chapter prevents subordination by agreement by any person entitled to priority. History.—s. 32, ch. 98-11.
680.509 – Lessee’s rights on improper delivery; rightful rejection.
680.509 Lessee’s rights on improper delivery; rightful rejection.— (1) Subject to the provisions of s. 680.51 on default in installment lease contracts, if the goods or the tender or delivery fail in any respect to conform to the lease contract, the lessee may reject or accept the goods or accept any commercial unit or units and reject […]
680.401 – Insecurity: adequate assurance of performance.
680.401 Insecurity: adequate assurance of performance.— (1) A lease contract imposes an obligation on each party that the other’s expectation of receiving due performance will not be impaired. (2) If reasonable grounds for insecurity arise with respect to the performance of either party, the insecure party may demand in writing adequate assurance of due performance. Until the insecure […]
680.51 – Installment lease contracts: rejection and default.
680.51 Installment lease contracts: rejection and default.— (1) Under an installment lease contract, a lessee may reject any delivery that is nonconforming if the nonconformity substantially impairs the value of that delivery and cannot be cured or the nonconformity is a defect in the required documents; but if the nonconformity does not fall within subsection (2) and […]
680.402 – Anticipatory repudiation.
680.402 Anticipatory repudiation.—If either party repudiates a lease contract with respect to a performance not yet due under the lease contract, the loss of which performance will substantially impair the value of the lease contract to the other, the aggrieved party may: (1) For a commercially reasonable time, await retraction of repudiation and performance by the repudiating […]
680.511 – Merchant lessee’s duties as to rightfully rejected goods.
680.511 Merchant lessee’s duties as to rightfully rejected goods.— (1) Subject to any security interest of a lessee (s. 680.508(5)), if a lessor or a supplier has no agent or place of business at the market of rejection, a merchant lessee, after rejection of goods in his or her possession or control, shall follow any reasonable instructions […]