Section 2A-523 - Lessor's remedies(1) 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 any 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 (Section 2A-510 of this title), the lessee is in default under the lease contract and the lessor may: (a) cancel the lease contract (subsection (1) of Section 2A-505 of this title);(b) proceed respecting goods not identified to the lease contract (Section 2A-524 of this title);(c) withhold delivery of the goods and take possession of goods previously delivered (Section 2A-525 of this title);(d) stop delivery of the goods by any bailee (Section 2A-526 of this title);(e) dispose of the goods and recover damages (Section 2A-527 of this title), or retain the goods and recover damages (Section 2A-528 of this title), or in a proper case recover rent (Section 2A-529 of this title); or(f) exercise any other rights or pursue any other remedies provided in the lease contract.(2) If a lessor does not fully exercise a right or obtain a remedy to which the lessor is entitled under subsection (1) 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.(3) 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: (a) 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 subsection (1) or (2) of this section; or(b) if the default does not substantially impair the value of the lease contract to the lessor, the lessor may recover as provided in subsection (2) of this section.Okla. Stat. tit. 12A, § 2A-523
Added by Laws 1988, HB 1683, c. 86, § 70, eff. 11/1/1988; Amended by Laws 1991, SB 25, c. 117, § 20, eff. 1/1/1992.Oklahoma Code Comment
The remedies afforded to a lessor for a lessee's default under Article 2A are more extensive than provided in prior law (15 Oklahoma Statutes § 537, repealed by H.B.1683 enacting Article 2A), and in the general damage rule in 23 Oklahoma Statutes § 21 and related provisions which are displaced by Article 2A to the extent of inconsistency. Lessors, however, commonly provide for their own remedy structure in the lease and for liquidated damages, and Article 2A permits this practice to continue while providing a statutory structure for lessors who elect to use a simpler lease form. See §§ 2A-503, 2A-504, 2A-508 and 2A-523, Official Comments, and Rapson, Deficiencies and Ambiguities in Lessors' Remedies Under Article 2A: Using Official Comments to Cure Problems in the Statute, 39 Ala.L.Rev. 875 (1988). The 1991 amendments address many of the deficiencies asserted in the Rapson article. See the Supplementary Commentary.