Section 2A-508 - Lessee's Remedies(1) If a lessor fails to deliver the goods in conformity to the lease contract (Section 2A-509 of this title) or repudiates the lease contract (Section 2A-402 of this title), or a lessee rightfully rejects the goods (Section 2A-509 of this title) or justifiably revokes acceptance of the goods (Section 2A-517 of this title), 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 lessor is in default under the lease contract and the lessee may: (a) cancel the lease contract (subsection (1) of Section 2A-505 of this title);(b) recover so much of the rent and security as has been paid and is just under the circumstances;(c) cover and recover damages as to all goods affected whether or not they have been identified to the lease contract (Sections 2A-518 and 2A-520 of this title), or recover damages for nondelivery (Sections 2A-519 and 2A-520 of this title);(d) exercise any other rights or pursue any other remedies provided in the lease contract.(2) If a lessor fails to deliver the goods in conformity to the lease contract or repudiates the lease contract, the lessee may also:(a) if the goods have been identified, recover them (Section 2A-522 of this title); or(b) in a proper case, obtain specific performance or replevy the goods (Section 2A-521 of this title).(3) If a lessor is otherwise in default under a lease contract, the lessee may exercise the rights and pursue the remedies provided in the lease contract, which may include a right to cancel the lease, and in subsection (3) of Section 2A-519 of this title.(4) If a lessor has breached a warranty, whether express or implied, the lessee may recover damages (subsection (4) of Section 2A-519 of this title).(5) On rightful rejection or justifiable revocation or acceptance, a lessee has a security interest in goods in the lessee's possession or control for any rent and security that has been paid and any expenses reasonably incurred in their inspection, receipt, transportation, and care and custody and may hold those goods and dispose of them in good faith and in a commercially reasonable manner, subject to subsection (5) of Section 2A-527 of this title.(6) Subject to the provisions of Section 2A-407 of this title, a lessee, on notifying the lessor of the lessee's intention to do so, may deduct all or any part of the damages resulting from any default under the lease contract from any part of the rent still due under the same lease contract.Okla. Stat. tit. 12A, § 2A-508
Added by Laws 1988, HB 1683, c. 86, § 55, eff. 11/1/1988; Amended by Laws 1991, SB 25, c. 117, § 15, eff. 1/1/1992.Oklahoma Code Comment
This section, as the Official Comment indicates, is an index to the lessee's remedies for a default by the lessor. For that reason subsection (4) is a proper inclusion as it cites a remedy provided in § 2A-519(4) which is available when the goods have been accepted, and the remedies cited in subsection (1) are available when the goods have not been accepted or acceptance has been revoked. Thus, the Official Comment to subsection (4) appears to provide an erroneous explanation when it indicates subsection (4) is included to cover the situation where a breach of warranty does not constitute a default. As explained in the Oklahoma Comment to § 2A-501, breach of warranty involves a statutorily defined default under subsection (1). See also §§ 2A-509 and 2A-103(1)(d).
The remedies of the lessee under Article 2A are much more extensive than those provided under 15 Oklahoma Statutes § 538 (repealed by H.B.1683 enacting Article 2A) and the general damage rule of 23 Oklahoma Statutes § 21 and related provisions (displaced for leases to the extent inconsistent with Article 2A). Presumably a lessee could have contracted for remedies in the lease as well, although such instances would be reasonably uncommon as most leases are lessor products. Thus Article 2A makes a major contribution by providing a complete remedy structure for lessees, except to the extent modified by agreement.
The 1991 amendments make two basic changes to this section: to provide a statutory remedy for contractual defaults absent a contractual remedy, and to clarify the lease can contract for the remedies of Article 2A for statutory defaults for contractual defaults.