Florida Statutes Part V - Default (Ss. 680.501-680.532)
- 680.501 - Default: Procedure.
(1) Whether the lessor or the lessee is in default under a lease contract is determined by the lease agreement and this chapter.(2) If the lessor or...
- 680.502 - Notice After Default.
Except as otherwise provided in this chapter or the lease agreement, the lessor or lessee in default under the lease contract is not entitled to...
- 680.503 - Modification Or Impairment Of Rights And Remedies.
(1) Except as otherwise provided in this chapter, the lease agreement may include rights and remedies for default in addition to or in substitution for those...
- 680.504 - Liquidation Of Damages.
(1) Damages payable by either party for default or any other act or omission, including indemnity for loss or diminution of anticipated tax benefits or loss...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 680.512 - Lessee’s Duties As To Rightfully Rejected Goods.
(1) Except as otherwise provided with respect to goods that threaten to decline in value speedily (s. 680.511) and subject to any security interest of a...
- 680.513 - Cure By Lessor Of Improper Tender Or Delivery; Replacement.
(1) If any tender or delivery by the lessor or the supplier is rejected because it is nonconforming and the time for performance has not yet...
- 680.514 - Waiver Of Lessee’s Objections.
(1) In rejecting goods, a lessee’s failure to state a particular defect that is ascertainable by reasonable inspection precludes the lessee from relying on the defect:(a) To...
- 680.515 - Acceptance Of Goods.
(1) Acceptance of goods occurs after the lessee has had a reasonable opportunity to inspect the goods and:(a) The lessee signifies or acts with respect to the...
- 680.516 - Effect Of Acceptance Of Goods; Notice Of Default; Burden Of Establishing Default After Acceptance; Notice Of Claim Or Litigation To Person Answerable Over.
(1) A lessee must pay rent for any goods accepted in accordance with the lease contract, with due allowance for goods rightfully rejected or not delivered.(2) A...
- 680.517 - Revocation Of Acceptance Of Goods.
(1) A lessee may revoke acceptance of a lot or commercial unit the nonconformity of which substantially impairs its value to the lessee if he or...
- 680.518 - Cover; Substitute Goods.
(1) After default by a lessor under the lease contract of the type described in s. 680.508, or, if agreed, after another default by the lessor,...
- 680.519 - Lessee’s Damages For Nondelivery, Repudiation, Default, Or Breach Of Warranty In Regard To Accepted Goods.
(1) Except as otherwise provided with respect to damages liquidated in the lease agreement (s. 680.504) or otherwise determined pursuant to agreement of the parties (ss....
- 680.52 - Lessee’s Incidental And Consequential Damages.
(1) Incidental damages resulting from a lessor’s default include:(a) Expenses reasonably incurred in inspection, receipt, transportation, and care and custody of goods rightfully rejected or goods the...
- 680.521 - Lessee’s Right To Specific Performance Or Replevin.
(1) Specific performance may be decreed if the goods are unique or in other proper circumstances.(2) A decree for specific performance may include any terms and conditions...
- 680.522 - Lessee’s Right To Goods On Lessor’s Insolvency.
(1) Subject to subsection (2) and even though the goods have not been shipped, a lessee who has paid a part or all of the rent...
- 680.523 - 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...
- 680.524 - Lessor’s Right To Identify Goods To Lease Contract.
(1) After default by the lessee under the lease contract of the type described in s. 680.523(1) or (3)(a) or, if agreed, after other default by...
- 680.525 - Lessor’s Right To Possession Of Goods.
(1) If a lessor discovers the lessee to be insolvent, the lessor may refuse to deliver the goods.(2) After a default by the lessee under the lease...
- 680.526 - 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...
- 680.527 - Lessor’s Rights To Dispose Of Goods.
(1) After a default by a lessee under the lease contract of the type described in s. 680.523(1) or (3)(a) or after the lessor refuses to...
- 680.528 - Lessor’s Damages For Nonacceptance Or Repudiation.
(1) Except as otherwise provided with respect to damages liquidated in the lease agreement (s. 680.504) or otherwise determined pursuant to agreement of the parties (ss....
- 680.529 - Lessor’s Action For The Rent.
(1) After default by the lessee under the lease contract of the type described in s. 680.523(1) or (3)(a) or, if agreed, after other default by...
- 680.53 - Lessor’s Incidental Damages.
Incidental damages to an aggrieved lessor include any commercially reasonable charges, expenses, or commissions incurred in stopping delivery, in the transportation, care, and custody of...
- 680.531 - Standing To Sue Third Parties For Injury To Goods.
(1) If a third party so deals with goods that have been identified to a lease contract as to cause actionable injury to a party to...
- 680.532 - Lessor’s Rights To Residual Interest.
In addition to any other recovery permitted by this chapter, the lessor may recover from the lessee an amount that will fully compensate the lessor...
Last modified: September 23, 2016