ORS 72A.5080
Lessee’s remedies


(1)

If a lessor fails to deliver the goods in conformity to the lease contract as provided in ORS 72A.5090 (Lessee’s rights on improper delivery) or repudiates the lease contract as provided in ORS 72A.4020 (Anticipatory repudiation), or a lessee rightfully rejects the goods as provided in ORS 72A.5090 (Lessee’s rights on improper delivery) or justifiably revokes acceptance of the goods as provided in ORS 72A.5170 (Revocation of acceptance of goods), 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 as provided in ORS 72A.5100 (Installment lease contracts), the lessor is in default under the lease contract and the lessee may:

(a)

Cancel the lease contract under ORS 72A.5050 (Cancellation and termination and effect of cancellation, termination, rescission or fraud on rights and remedies);

(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 under ORS 72A.5180 (Cover) and 72A.5200 (Lessee’s incidental and consequential damages), or recover damages for nondelivery under ORS 72A.5190 (Lessee’s damages for nondelivery, repudiation, default and breach of warranty in regard to accepted goods) and 72A.5200 (Lessee’s incidental and consequential damages); or

(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 under ORS 72A.5220 (Lessee’s right to goods on lessor’s insolvency); or

(b)

In a proper case, obtain specific performance or replevy the goods under ORS 72A.5210 (Lessee’s right to specific performance or replevin).

(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 ORS 72A.5190 (Lessee’s damages for nondelivery, repudiation, default and breach of warranty in regard to accepted goods) (3).

(4)

If a lessor has breached a warranty, whether express or implied, the lessee may recover damages under ORS 72A.5190 (Lessee’s damages for nondelivery, repudiation, default and breach of warranty in regard to accepted goods).

(5)

On rightful rejection or justifiable revocation of 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, care and custody and may hold those goods and dispose of them in good faith and in a commercially reasonable manner, subject to ORS 72A.5270 (Lessor’s rights to dispose of goods).

(6)

Subject to the provisions of ORS 72A.4070 (Irrevocable promises), 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. [1989 c.676 §55; 1993 c.646 §10]

Source: Section 72A.5080 — Lessee’s remedies, https://www.­oregonlegislature.­gov/bills_laws/ors/ors72A.­html.

72A.1010
Short title
72A.1020
Scope
72A.1030
Definitions and index of definitions
72A.1040
Leases subject to other statutes
72A.1050
Territorial application of act to goods covered by certificate of title
72A.1060
Limitation on power of parties to consumer lease to choose applicable law and judicial forum
72A.1070
Waiver or renunciation of claim or right after default
72A.1080
Unconscionability
72A.1090
Option to accelerate at will
72A.1095
Subordination by agreement
72A.2010
Statute of frauds
72A.2020
Final written expression
72A.2030
Seals inoperative
72A.2040
Formation in general
72A.2050
Firm offers
72A.2060
Offer and acceptance in formation of lease contract
72A.2080
Modification, rescission and waiver
72A.2090
Lessee under finance lease as beneficiary of supply contract
72A.2100
Express warranties
72A.2110
Warranties against interference and against infringement
72A.2120
Implied warranty of merchantability
72A.2130
Implied warranty of fitness for particular purpose
72A.2140
Exclusion or modification of warranties
72A.2150
Cumulation and conflict of warranties express or implied
72A.2160
Third-party beneficiaries of express and implied warranties
72A.2170
Identification
72A.2180
Insurance and proceeds
72A.2190
Risk of loss
72A.2200
Effect of default on risk of loss
72A.2210
Casualty to identified goods
72A.3010
Enforceability of lease contract
72A.3020
Title to and possession of goods
72A.3030
Alienability of party’s interest under lease contract or of lessor’s residual interest in goods
72A.3040
Subsequent lease of goods by lessor
72A.3050
Sale or sublease of goods by lessee
72A.3060
Priority of certain liens arising by operation of law
72A.3070
Priority of liens arising by attachment or levy on goods
72A.3080
Special rights of creditors
72A.3090
Lessor’s and lessee’s rights when goods become fixtures
72A.3095
Fixture filing recorded and indexed as mortgage
72A.3100
Lessor’s and lessee’s rights when goods become accessions
72A.4010
Insecurity
72A.4020
Anticipatory repudiation
72A.4030
Retraction of anticipatory repudiation
72A.4040
Substituted performance
72A.4050
Excused performance
72A.4060
Procedure on excused performance
72A.4070
Irrevocable promises
72A.5010
Default
72A.5020
Notice after default
72A.5030
Modification or impairment of rights and remedies
72A.5040
Liquidation of damages
72A.5050
Cancellation and termination and effect of cancellation, termination, rescission or fraud on rights and remedies
72A.5060
Statute of limitations
72A.5070
Proof of market rent
72A.5080
Lessee’s remedies
72A.5090
Lessee’s rights on improper delivery
72A.5100
Installment lease contracts
72A.5110
Merchant lessee’s duties as to rightfully rejected goods
72A.5120
Lessee’s duties as to rightfully rejected goods
72A.5130
Cure by lessor of improper tender or delivery
72A.5140
Waiver of lessee’s objections
72A.5150
Acceptance of goods
72A.5160
Effect of acceptance of goods
72A.5170
Revocation of acceptance of goods
72A.5180
Cover
72A.5190
Lessee’s damages for nondelivery, repudiation, default and breach of warranty in regard to accepted goods
72A.5200
Lessee’s incidental and consequential damages
72A.5210
Lessee’s right to specific performance or replevin
72A.5220
Lessee’s right to goods on lessor’s insolvency
72A.5230
Lessor’s remedies
72A.5240
Lessor’s right to identify goods to lease contract
72A.5250
Lessor’s right to possession of goods
72A.5260
Lessor’s stoppage of delivery in transit or otherwise
72A.5270
Lessor’s rights to dispose of goods
72A.5280
Lessor’s damages for default
72A.5290
Lessor’s action for the rent
72A.5295
Lessor’s recovery for loss of or damage to residual interest in goods
72A.5300
Lessor’s incidental damages
72A.5310
Standing to sue third parties for injury to goods
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