Maine Legislature Maine Revised Statutes
  • Session Law
  • Statutes
  • Maine State Constitution
  • Information
  • §2-1528 PDF
  • §2-1528 MS-Word
  • Statute Search
  • Art. 2-A Contents
  • Title 11 Contents
  • List of Titles
  • Maine Law & Disclaimer
  • Revisor's Office
  • Maine Legislature
§2-1527
Title 11: UNIFORM COMMERCIAL CODE
Article 2-A: LEASES
Part 5: DEFAULT
§2-1529

§2-1528. Lessor's damages for nonacceptance, failure to pay, repudiation or other default

(1).  Except as otherwise provided with respect to damages liquidated in the lease agreement (section 2‑1504) or otherwise determined pursuant to agreement of the parties, (section 1‑1302 and section 2‑1503), if a lessor elects to retain the goods or a lessor elects to dispose of the goods and the disposition is by lease agreement that for any reason does not qualify for treatment under section 2‑1527, subsection (2), or is by sale or otherwise, the lessor may recover from the lessee as damages for a default of the type described in section 2‑1523, subsection (1) or section 2‑1523, subsection (3), paragraph (a), or, if agreed, for other default of the lessee:  
(a). Accrued and unpaid rent as of the date of default if the lessee has never taken possession of the goods, or, if the lessee has taken possession of the goods, as of the date the lessor repossesses the goods or an earlier date on which the lessee makes a tender of the goods to the lessor;   [PL 1991, c. 805, §4 (NEW).]
(b). The present value as of the date determined under this subsection of the total rent for the then remaining lease term of the original lease agreement minus the present value as of the same date of the market rent at the place where the goods are located computed for the same lease term; and   [PL 1991, c. 805, §4 (NEW).]
(c). Any incidental damages allowed under section 2‑1530 minus expenses saved in consequence of the lessee's default.   [PL 1991, c. 805, §4 (NEW).]
[PL 2009, c. 325, Pt. B, §13 (AMD); PL 2009, c. 325, Pt. B, §27 (AFF).]
(2).  If the measure of damages provided in subsection (1) is inadequate to put a lessor in as good a position as performance would have, the measure of damages is the present value of the profit, including reasonable overhead, the lessor would have made from full performance by the lessee together with any incidental damages allowed under section 2‑1530, due allowance for costs reasonably incurred and due credit for payments or proceeds of disposition.  
[PL 1991, c. 805, §4 (NEW).]
SECTION HISTORY
PL 1991, c. 805, §4 (NEW). PL 2009, c. 325, Pt. B, §13 (AMD). PL 2009, c. 325, Pt. B, §27 (AFF).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public.
If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes · 7 State House Station · State House Room 108 · Augusta, Maine 04333-0007
Data for this page extracted on 1/07/2025 11:10:17.
Maine Government
Legislature • Executive • Judicial • Agency Rules
Visit the State House
Tour Guide • Accessibility • Security Screening • Directions & Parking
Email
Office of the Revisor of Statutes