(810 ILCS 5/2A‑523) (from Ch. 26, par. 2A‑523)
Sec. 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), the lessee is in default under the lease contract and the lessor may:
(a) cancel the lease contract (Section 2A‑505(1));
(b) proceed respecting goods not identified to the |
| lease contract (Section 2A‑524); | |
(c) withhold delivery of the goods and take |
| possession of goods previously delivered (Section 2A‑525); | |
(d) stop delivery of the goods by any bailee |
| |
(e) dispose of the goods and recover damages |
| (Section 2A‑527), or retain the goods and recover damages (Section 2A‑528), or in a proper case recover rent (Section 2A‑529); | |
(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), 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 subsections (1) or (2); 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). | |
(Source: P.A. 87‑493.) |
(810 ILCS 5/2A‑524) (from Ch. 26, par. 2A‑524)
Sec. 2A‑524. Lessor's right to identify goods to lease contract.
(1) A lessor aggrieved under Section 2A‑523(1) may:
(a) identify to the lease contract conforming goods |
| not already identified if at the time the lessor learned of the default they were in the lessor's or the supplier's possession or control; and | |
(b) dispose of goods (Section 2A‑527(1)) that |
| demonstrably have been intended for the particular lease contract even though those goods are unfinished. | |
(2) If the goods are unfinished, in the exercise of reasonable commercial judgment for the purposes of avoiding loss and of effective realization, an aggrieved lessor or the supplier may either complete manufacture and wholly identify the goods to the lease contract or cease manufacture and lease, sell, or otherwise dispose of the goods for scrap or salvage value or proceed in any other reasonable manner.
(Source: P.A. 87‑493.) |
(810 ILCS 5/2A‑526) (from Ch. 26, par. 2A‑526)
Sec. 2A‑526. Lessor's stoppage of delivery in transit or otherwise.
(1) A lessor may stop delivery of goods in the possession of a carrier or other bailee if the lessor discovers the lessee to be insolvent and may stop delivery of carload, truckload, planeload, or larger shipments of express or freight if the lessee repudiates or fails to make a payment due before delivery, whether for rent, security or otherwise under the lease contract, or for any other reason the lessor has a right to withhold or take possession of the goods.
(2) In pursuing its remedies under subsection (1), the lessor may stop delivery until:
(a) receipt of the goods by the lessee;
(b) acknowledgment to the lessee by any bailee of
| the goods, except a carrier, that the bailee holds the goods for the lessee; or | |
(c) such an acknowledgment to the lessee by a |
| carrier via reshipment or as a warehouse. | |
(3)(a) To stop delivery, a lessor shall so notify as to |
| enable the bailee by reasonable diligence to prevent delivery of the goods. | |
(b) After notification, the bailee shall hold and |
| deliver the goods according to the directions of the lessor, but the lessor is liable to the bailee for any ensuing charges or damages. | |
(c) A carrier who has issued a nonnegotiable bill of |
| lading is not obliged to obey a notification to stop received from a person other than the consignor. | |
(Source: P.A. 95‑895, eff. 1‑1‑09.) |
(810 ILCS 5/2A‑529) (from Ch. 26, par. 2A‑529)
Sec. 2A‑529. Lessor's action for the rent.
(1) After default by the lessee under the lease contract of the type described in Section 2A‑523(1) or 2A‑523(3)(a) or, if agreed, after other default by the lessee, if the lessor complies with subsection (2), the lessor may recover from the lessee as damages:
(a) for goods accepted by the lessee and not |
| repossessed by or tendered to the lessor, and for conforming goods lost or damaged within a commercially reasonable time after risk of loss passes to the lessee (Section 2A‑219), (i) accrued and unpaid rent as of the date of entry of judgment in favor of the lessor, (ii) the present value as of the same date of the rent for the then remaining lease term of the lease agreement, and (iii) any incidental damages allowed under Section 2A‑530, less expenses saved in consequence of the lessee's default; and | |
(b) for goods identified to the lease contract if the |
| lessor is unable after reasonable effort to dispose of them at a reasonable price or the circumstances reasonably indicate that effort will be unavailing, (i) accrued and unpaid rent as of the date of entry of judgment in favor of the lessor, (ii) the present value as of the same date of the rent for the then remaining lease term of the lease agreement, and (iii) any incidental damages allowed under Section 2A‑530, less expenses saved in consequence of the lessee's default. | |
(2) Except as provided in subsection (3), the lessor shall hold for the lessee for the remaining lease term of the lease agreement any goods that have been identified to the lease contract and are in the lessor's control.
(3) The lessor may dispose of the goods at any time before collection of the judgment for damages obtained pursuant to subsection (1). If the disposition is before the end of the remaining lease term of the lease agreement, the lessor's recovery against the lessee for damages is governed by Section 2A‑527 or 2A‑528, and the lessor will cause an appropriate credit to be provided against a judgment for damages to the extent that the amount of the judgment exceeds the recovery available pursuant to Section 2A‑527 or 2A‑528.
(4) Payment of the judgment for damages obtained pursuant to subsection (1) entitles the lessee to the use and possession of the goods not then disposed of for the remaining lease term of and in accordance with the lease agreement.
(5) After a lessee has wrongfully rejected or revoked acceptance of goods, has failed to pay rent then due, or has repudiated (Section 2A‑402), a lessor who is held not entitled to rent under this Section must nevertheless be awarded damages for nonacceptance under Sections 2A‑527 and 2A‑528.
(Source: P.A. 87‑493.) |