Ohio Revised Code Chapter 1310 - Leases

• Section 1310.01 - Definitions - Ucc 2a-103.
  (A) As used in sections 1310.01 to 1310.78 of the Revised Code, unless the context otherwise requires: (1) "Buyer in ordinary course of business"...
• Section 1310.02 - Provisions Apply To All Transactions Creating Lease - Application Of Other Laws - Ucc 2a-104.
  (A) Sections 1310.01 to 1310.78 of the Revised Code apply to any transaction, regardless of form, that creates a lease. (B) (1) A lease,...
• Section 1310.03 - Territorial Application Of Provisions To Goods Covered By Certificate Of Title - Ucc 2a-105.
  Subject to the provisions of division (C) of section 1310.32 and division (C) of section 1310.33 of the Revised Code, with respect to goods...
• Section 1310.04 - Limitation On Power Of Parties To Consumer Lease To Choose Applicable Law And Judicial Forum - Ucc 2a-106.
  (A) If the law chosen by the parties to a consumer lease is that of a jurisdiction other than a jurisdiction in which the...
• Section 1310.05 - Waiver Or Renunciation Of Claim Or Right After Default - Ucc 2a-107.
  Any claim or right arising out of an alleged default or breach of warranty may be discharged in whole or in part without consideration...
• Section 1310.06 - Unconscionability - Ucc 2a-108.
  (A) If a court as a matter of law finds a lease contract or any clause of a lease contract to have been unconscionable...
• Section 1310.07 - Option To Accelerate At Will - Ucc 2a-109.
  (A) A term providing that one party or his successor in interest may accelerate payment or performance or require collateral or additional collateral "at...
• Section 1310.08 - Statute Of Frauds - Ucc 2a-201.
  (A) A lease contract is not enforceable by way of action or defense unless one of the following applies: (1) The total payments to...
• Section 1310.09 - Final Written Expression - Parol Or Extrinsic Evidence - Ucc 2a-202.
  Terms with respect to which the confirmatory memoranda of the parties agree or that otherwise are set forth in a writing intended by the...
• Section 1310.10 - Seals Inoperative - Ucc 2a-203.
  The affixing of a seal to a writing evidencing a lease contract or an offer to enter into a lease contract does not render...
• Section 1310.11 - Formation In General - Ucc 2a-204.
  (A) A lease contract may be made in any manner sufficient to show agreement, including conduct by both parties that recognizes the existence of...
• Section 1310.12 - Firm Offers - Ucc 2a-205.
  An offer by a merchant to lease goods to or from another person in a signed writing that by its terms gives assurance it...
• Section 1310.13 - Offer And Acceptance In Formation Of Lease Contract - Ucc 2a-206.
  (A) Unless otherwise unambiguously indicated by the language or circumstances, an offer to make a lease contract shall be construed as inviting acceptance in...
• Section 1310.14 - [Repealed].
  Repealed by 129th General AssemblyFile No.9, HB 9, §2, eff. 6/29/2011. Effective Date: 11-06-1992
• Section 1310.15 - Modification, Rescission And Waiver - Ucc 2a-208.
  (A) An agreement modifying a lease contract needs no consideration to be binding. (B) A signed lease agreement that excludes modification or rescission except...
• Section 1310.16 - Lessee Under Finance Lease As Beneficiary Of Supply Contract - Ucc 2a-209.
  (A) The benefit of a supplier's promises to the lessor under a supply contract and of all express or implied warranties, including those of...
• Section 1310.17 - Express Warranties - Ucc 2a-210.
  (A) Express warranties by the lessor are created as follows: (1) Any affirmation of fact or promise made by the lessor to the lessee...
• Section 1310.18 - Warranties Against Interference And Against Infringement - Lessee's Obligation Against Infringement - Ucc 2a-211.
  (A) There is in a lease contract a warranty that for the lease term no person holds a claim to or interest in the...
• Section 1310.19 - Implied Warranty Of Merchantability - Ucc 2a-212.
  (A) Except in a finance lease, a warranty that the goods will be merchantable is implied in a lease contract if the lessor is...
• Section 1310.20 - Implied Warranty Of Fitness For Particular Purpose - Ucc 2a-213.
  Except in a finance lease, if the lessor at the time the lease contract is made has reason to know of any particular purpose...
• Section 1310.21 - Exclusion Or Modification Of Warranties - Ucc 2a-214.
  (A) Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit a warranty shall...
• Section 1310.22 - Cumulation And Conflict Of Warranties Express Or Implied - Ucc 2a-215.
  Express or implied warranties shall be construed as consistent with each other and as cumulative, but, if that construction is unreasonable, the intention of...
• Section 1310.23 - Third-party Beneficiaries Of Express And Implied Warranties - Ucc 2a-216 Alternative C.
  An express or implied warranty to or for the benefit of a lessee under sections 1310.01 to 1310.78 of the Revised Code extends to...
• Section 1310.24 - Identification - Ucc 2a-217.
  Identification of goods as goods to which a lease contract refers may be made at any time and in any manner explicitly agreed to...
• Section 1310.25 - Insurance And Proceeds - Ucc 2a-218.
  (A) A lessee obtains an insurable interest when existing goods are identified to the lease contract, even though the goods identified are nonconforming, and...
• Section 1310.26 - Risk Of Loss - Ucc 2a-219.
  (A) Except in the case of a finance lease, risk of loss is retained by the lessor and does not pass to the lessee....
• Section 1310.27 - Effect Of Default On Risk Of Loss - Ucc 2a-220.
  (A) If risk of loss is to pass to the lessee and the time of passage is not stated, one of the following applies:...
• Section 1310.28 - Casualty To Identified Goods - Ucc 2a-221.
  If a lease contract requires goods to be identified when the lease contract is made, and the goods suffer casualty without fault of the...
• Section 1310.29 - Enforceability Of Lease Contract - Ucc 2a-301.
  Except as otherwise provided in sections 1310.01 to 1310.78 of the Revised Code, a lease contract is effective and enforceable according to its terms...
• Section 1310.30 - Title To And Possession Of Goods - Ucc 2a-302.
  Except as otherwise provided in sections 1310.01 to 1310.78 of the Revised Code, those sections apply whether the lessor or a third party has...
• Section 1310.31 - Alienability Of Party's Interest Under Lease Contract Or Of Lessor's Residual Interest In Goods - Delegation Of Performance - Transfer Of Rights - Ucc 2a-303.
  (A) As used in this section, "creation of a security interest" includes the sale of a lease contract that is subject to Chapter 1309....
• Section 1310.32 - Subsequent Lease Of Goods By Lessor - Ucc 2a-304.
  (A) Subject to section 1310.31 of the Revised Code, a subsequent lessee from a lessor of goods under an existing lease contract obtains, to...
• Section 1310.33 - Sale Or Sublease Of Goods By Lessee - Ucc 2a-305.
  (A) Subject to section 1310.31 of the Revised Code, a buyer or sublessee from the lessee of goods under an existing lease contract obtains,...
• Section 1310.34 - Priority Of Certain Liens Arising By Operation Of Law - Ucc 2a-306.
  If a person in the ordinary course of his business furnishes services or materials with respect to goods subject to a lease contract, a...
• Section 1310.35 - Priority Of Liens Arising By Attachment Or Levy On, Security Interests In, And Other Claims To Goods - Ucc 2a-307.
  (A) Except as otherwise provided in section 1310.34 of the Revised Code, a creditor of a lessee takes subject to the lease contract. (B)...
• Section 1310.36 - Special Rights Of Creditors - Ucc 2a-308.
  (A) A creditor of a lessor in possession of goods subject to a lease contract may treat the lease contract as void if as...
• Section 1310.37 - Lessor's And Lessee's Rights When Goods Become Fixtures - Ucc 2a-309.
  (A) As used in this section: (1) Goods are "fixtures" when they become so related to particular real estate that an interest in them...
• Section 1310.38 - Lessor's And Lessee's Rights When Goods Become Accessions - Ucc 2a-310.
  (A) For purposes of this section, goods are "accessions" when they are installed in or affixed to other goods. (B) The interest of a...
• Section 1310.39 - Subordination By Agreement.
  Nothing in sections 1310.01 to 1310.78 of the Revised Code prevents subordination by agreement by any person entitled to priority. Effective Date: 11-06-1992
• Section 1310.40 - Insecurity - Adequate Assurance Of Performance - Ucc 2a-401.
  (A) A lease contract imposes an obligation on each party that the other party's expectation of receiving due performance will not be impaired. (B)...
• Section 1310.41 - Anticipatory Repudiation - Ucc 2a-402.
  If either party repudiates a lease contract with respect to a performance not yet due under the lease contract, the loss of which performance...
• Section 1310.42 - Retraction Of Anticipatory Repudiation - Ucc 2a-403.
  (A) Until the repudiating party's next performance is due, the repudiating party can retract the repudiation unless, since the repudiation, the aggrieved party has...
• Section 1310.43 - Substituted Performance - Ucc 2a-404.
  (A) If, without fault of the lessee, the lessor, and the supplier, the agreed berthing, loading, or unloading facilities fail, the agreed type of...
• Section 1310.44 - Excused Performance - Ucc 2a-405.
  Subject to the provisions of section 1310.43 of the Revised Code pertaining to substituted performance, the following rules apply: (A) A delay in delivery...
• Section 1310.45 - Procedure On Excused Performance - Ucc 2a-406.
  (A) If the lessee receives notification of a material or indefinite delay or of an allocation justified under section 1310.44 of the Revised Code,...
• Section 1310.46 - Irrevocable Promises, Finance Leases - Ucc 2a-407.
  (A) In the case of a finance lease that is not a consumer lease, the lessee's promises under the lease contract become irrevocable and...
• Section 1310.47 - Default, Procedure - Ucc 2a-501.
  (A) Whether the lessor or the lessee is in default under a lease contract is determined by the lease agreement and sections 1310.01 to...
• Section 1310.48 - Notice After Default - Ucc 2a-502.
  Except as otherwise provided in sections 1310.01 to 1310.78 of the Revised Code or the lease agreement, the lessor or lessee in default under...
• Section 1310.49 - Modification Or Impairment Of Rights And Remedies - Ucc 2a-503.
  (A) Except as otherwise provided in sections 1310.01 to 1310.78 of the Revised Code, the lease agreement may include rights and remedies for default...
• Section 1310.50 - Liquidation Of Damages - Ucc 2a-504.
  (A) Damages payable by either party for default or any other act or omission, including indemnity for loss or diminution of anticipated tax benefits...
• Section 1310.51 - Cancellation And Termination And Effect Of Cancellation, Termination, Rescission Or Fraud On Rights And Remedies - Ucc 2a-505.
  (A) On cancellation of the lease contract, all obligations that are still executory on all parties are discharged, but any right based on prior...
• Section 1310.52 - Statute Of Limitations - Ucc 2a-506.
  (A) An action for default under a lease contract, including an action for a breach of warranty or indemnity, shall be commenced within four...
• Section 1310.53 - Proof Of Market Rent - Time And Place - Ucc 2a-507.
  (A) Damages based on market rent as provided in section 1310.65 or 1310.74 of the Revised Code are determined according to the rent for...
• Section 1310.54 - Lessee's Remedies - Ucc 2a-508.
  (A) If a lessor fails to deliver the goods in conformity to the lease contract as provided in section 1310.55 of the Revised Code...
• Section 1310.55 - Lessee's Rights On Improper Delivery - Rightful Rejection - Ucc 2a-509.
  (A) Subject to the provisions of section 1310.56 of the Revised Code on default in installment lease contracts, if the goods or the tender...
• Section 1310.56 - Installment Lease Contracts - Rejection And Default - Ucc 2a-510.
  (A) Under an installment lease contract, a lessee may reject any delivery that is nonconforming if the nonconformity substantially impairs the value of that...
• Section 1310.57 - Merchant Lessee's Duties As To Rightfully Rejected Goods - Ucc 2a-511.
  (A) Subject to any security interest of a lessee as provided in division (E) of section 1310.54 of the Revised Code, if a lessor...
• Section 1310.58 - Lessee's Duties As To Rightfully Rejected Goods - Ucc 2a-512.
  (A) Except as otherwise provided in section 1310.57 of the Revised Code with respect to goods that threaten to decline in value speedily and...
• Section 1310.59 - Cure By Lessor Of Improper Tender Or Delivery - Replacement - Ucc 2a-513.
  (A) If any tender or delivery by the lessor or supplier is rejected because it is nonconforming and if the time for performance has...
• Section 1310.60 - Waiver Of Lessee's Objections - Ucc 2a-514.
  (A) In rejecting goods, a lessee's failure to state a particular defect that is ascertainable by reasonable inspection precludes the lessee from relying on...
• Section 1310.61 - Acceptance Of Goods - Ucc 2a-515.
  (A) Acceptance of goods occurs after the lessee has had a reasonable opportunity to inspect the goods and one of the following applies: (1)...
• Section 1310.62 - Effect Of Acceptance Of Goods - Notice Of Default - Burden Of Establishing Default After Acceptance - Notice Of Claim Or Litigation To Person Answerable Over - Ucc 2a-516.
  (A) A lessee shall pay rent for any goods accepted in accordance with the lease contract, with due allowance for goods rightfully rejected or...
• Section 1310.63 - Revocation Of Acceptance Of Goods - Ucc 2a-517.
  (A) A lessee may revoke acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to the lessee if either of...
• Section 1310.64 - Cover - Substitute Goods - Ucc 2a-518.
  (A) After a default of the type described in division (A) of section 1310.54 of the Revised Code by a lessor under a lease...
• Section 1310.65 - Lessee's Damages For Non-delivery, Repudiation, Default And Breach Of Warranty In Regard To Accepted Goods - Ucc 2a-519.
  (A) Except as otherwise provided in section 1310.50 of the Revised Code with respect to damages liquidated in the lease agreement or as otherwise...
• Section 1310.66 - Lessee's Incidental And Consequential Damages - Ucc 2a-520.
  (A) Incidental damages resulting from a lessor's default include expenses reasonably incurred in inspection, receipt, transportation, and care and custody of goods rightfully rejected...
• Section 1310.67 - Lessee's Right To Specific Performance Or Replevin - Ucc 2a-521.
  (A) Specific performance may be decreed if the goods are unique or in other proper circumstances. (B) A decree for specific performance may include...
• Section 1310.68 - Lessee's Right To Goods On Lessor's Insolvency - Ucc 2a-522.
  (A) Subject to division (B) of this section and even though the goods have not been shipped, a lessee who has paid a part...
• Section 1310.69 - Lessor's Remedies - (Ucc 2a-523).
  (A) If a lessee wrongfully rejects or revokes acceptance of goods, fails to make a payment when due, or repudiates with respect to a...
• Section 1310.70 - Lessor's Right To Identify Goods To Lease Contract - Ucc 2a-524.
  (A) After default by the lessee under a lease contract of the type described in division (A) or (C)(1) of section 1310.69 of the...
• Section 1310.71 - Lessor's Right To Possession Of Goods - Ucc 2a-525.
  (A) If a lessor discovers the lessee to be insolvent, the lessor may refuse to deliver the goods. (B) After a default of the...
• Section 1310.72 - Lessor's Stoppage Of Delivery In Transit Or Otherwise - Ucc 2a-526.
  (A) A lessor may stop delivery of goods in the possession of a carrier or other bailee if the lessor discovers the lessee to...
• Section 1310.73 - Lessor's Rights To Dispose Of Goods - Ucc 2a-527.
  (A) After a default of the type described in division (A) or (C)(1) of section 1310.69 of the Revised Code by a lessee under...
• Section 1310.74 - Lessor's Damages For Non-acceptance, Failure To Pay, Repudiation Or Other Default - Ucc 2a-528.
  (A) Except as otherwise provided with respect to damages liquidated in the lease agreement pursuant to section 1310.50 of the Revised Code or otherwise...
• Section 1310.75 - Lessor's Action For Rent - Ucc 2a-529.
  (A) After default of the type described in division (A) or (C)(1) of section 1310.69 of the Revised Code by the lessee under the...
• Section 1310.76 - Lessor's Incidental Damages - Ucc 2a-530.
  Incidental damages to an aggrieved lessor include any commercially reasonable charges, expenses, or commissions incurred in stopping delivery, in the transportation, care, and custody...
• Section 1310.77 - Standing To Sue Third Parties For Injury To Goods - Ucc 2a-531.
  (A) If a third party so deals with goods that have been identified to a lease contract as to cause actionable injury to a...
• Section 1310.78 - Lessor's Rights To Residual Interest - Ucc 2a-532.
  In addition to any other recovery permitted by sections 1310.01 to 1310.78 of the Revised Code or other law, the lessor may recover from...
• Section 1310.99 - Amended And Renumbered Rc 1315.99.
  Effective Date: 11-06-1992

Last modified: October 10, 2016