{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.2A-508.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.2A-508.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.2A-508.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.2A-508.html"}],"law_id":62750,"edition_id":1,"section_id":62750,"structure_id":13914,"section_number":"8.2A-508","catch_line":"Lessee’s remedies","history":"1991, c. 536.","full_text":"1\n\nIf a lessor fails to deliver the goods in conformity to the lease contract (\u00a7 8.2A-509) or repudiates the lease contract (\u00a7 8.2A-402), or a lessee rightfully rejects the goods (\u00a7 8.2A-509) or justifiably revokes acceptance of the goods (\u00a7 8.2A-517), 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 (\u00a7 8.2A-510), the lessor is in default under the lease contract and the lessee may:a\n\nCancel the lease contract (subsection (1) of § 8.2A-505);b\n\nRecover so much of the rent and security as has been paid, and is just under the circumstances;c\n\nCover and recover damages as to all goods affected whether or not they have been identified to the lease contract (§§ 8.2A-518 and 8.2A-520), or recover damages for nondelivery (§§ 8.2A-519 and 8.2A-520); ord\n\nExercise any other rights or pursue any other remedies provided in the lease contract.2\n\nIf a lessor fails to deliver the goods in conformity to the lease contract or repudiates the lease contract, the lessee may also:a\n\nIf the goods have been identified, recover them (§ 8.2A-522); orb\n\nIn a proper case, obtain specific performance or recover the goods (§ 8.2A-521).3\n\nIf 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 subsection (3) of § 8.2A-519.4\n\nIf a lessor has breached a warranty, whether express or implied, the lessee may recover damages (subsection (4) of § 8.2A-519).5\n\nOn 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, and care and custody and may hold those goods and dispose of them in good faith and in a commercially reasonable manner, subject to subsection (5) of § 8.2A-527.6\n\nSubject to the provisions of § 8.2A-407, 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.","order_by":null,"text":{"0":{"id":228777,"text":"If a lessor fails to deliver the goods in conformity to the lease contract (\u00a7 8.2A-509) or repudiates the lease contract (\u00a7 8.2A-402), or a lessee rightfully rejects the goods (\u00a7 8.2A-509) or justifiably revokes acceptance of the goods (\u00a7 8.2A-517), 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 (\u00a7 8.2A-510), the lessor is in default under the lease contract and the lessee may:","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"next_prefix":"1a"},"1":{"id":228778,"text":"Cancel the lease contract (subsection (1) of § 8.2A-505);","type":"section","prefixes":["1","a"],"prefix":"a","entire_prefix":"1a","prefix_anchor":"1a","level":2,"prior_prefix":"1","next_prefix":"1b"},"2":{"id":228779,"text":"Recover so much of the rent and security as has been paid, and is just under the circumstances;","type":"section","prefixes":["1","b"],"prefix":"b","entire_prefix":"1b","prefix_anchor":"1b","level":2,"prior_prefix":"1a","next_prefix":"1c"},"3":{"id":228780,"text":"Cover and recover damages as to all goods affected whether or not they have been identified to the lease contract (§§ 8.2A-518 and 8.2A-520), or recover damages for nondelivery (§§ 8.2A-519 and 8.2A-520); or","type":"section","prefixes":["1","c"],"prefix":"c","entire_prefix":"1c","prefix_anchor":"1c","level":2,"prior_prefix":"1b","next_prefix":"1d"},"4":{"id":228781,"text":"Exercise any other rights or pursue any other remedies provided in the lease contract.","type":"section","prefixes":["1","d"],"prefix":"d","entire_prefix":"1d","prefix_anchor":"1d","level":2,"prior_prefix":"1c","next_prefix":"2"},"5":{"id":228782,"text":"If a lessor fails to deliver the goods in conformity to the lease contract or repudiates the lease contract, the lessee may also:","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1d","next_prefix":"2a"},"6":{"id":228783,"text":"If the goods have been identified, recover them (§ 8.2A-522); or","type":"section","prefixes":["2","a"],"prefix":"a","entire_prefix":"2a","prefix_anchor":"2a","level":2,"prior_prefix":"2","next_prefix":"2b"},"7":{"id":228784,"text":"In a proper case, obtain specific performance or recover the goods (§ 8.2A-521).","type":"section","prefixes":["2","b"],"prefix":"b","entire_prefix":"2b","prefix_anchor":"2b","level":2,"prior_prefix":"2a","next_prefix":"3"},"8":{"id":228785,"text":"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 subsection (3) of § 8.2A-519.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2b","next_prefix":"4"},"9":{"id":228786,"text":"If a lessor has breached a warranty, whether express or implied, the lessee may recover damages (subsection (4) of § 8.2A-519).","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"10":{"id":228787,"text":"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, and care and custody and may hold those goods and dispose of them in good faith and in a commercially reasonable manner, subject to subsection (5) of § 8.2A-527.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"11":{"id":228788,"text":"Subject to the provisions of § 8.2A-407, 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.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5"}},"ancestry":[{"id":13914,"edition_id":1,"name":"Default by Lessor","identifier":"B","label":"article","depth":3,"order_by":1,"parent_id":13913,"metadata":{},"date_created":"2026-06-26 03:46:17","date_modified":"2026-06-26 03:46:17","permalink":{"id":282601,"object_type":"structure","relational_id":13914,"identifier":"B","token":"8.2A\/5\/B","url":"\/8.2A\/5\/B\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13913,"edition_id":1,"name":"Default","identifier":"5","label":"part","depth":2,"order_by":1,"parent_id":12736,"metadata":{},"date_created":"2026-06-26 03:46:17","date_modified":"2026-06-26 03:46:17","permalink":{"id":282569,"object_type":"structure","relational_id":13913,"identifier":"5","token":"8.2A\/5","url":"\/8.2A\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12736,"edition_id":1,"name":"Commercial Code \u2014 Leases","identifier":"8.2A","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":282367,"object_type":"structure","relational_id":12736,"identifier":"8.2A","token":"8.2A","url":"\/8.2A\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":62750,"structure_id":13914,"section_number":"8.2A-508","catch_line":"Lessee's remedies","url":"\/8.2A-508\/","token":"8.2A\/5\/B\/8.2A-508","metadata":false},{"id":60181,"structure_id":13914,"section_number":"8.2A-509","catch_line":"Lessee's rights on improper delivery; rightful rejection","url":"\/8.2A-509\/","token":"8.2A\/5\/B\/8.2A-509","metadata":false},{"id":74596,"structure_id":13914,"section_number":"8.2A-510","catch_line":"Installment lease contracts; rejection and default","url":"\/8.2A-510\/","token":"8.2A\/5\/B\/8.2A-510","metadata":false},{"id":84556,"structure_id":13914,"section_number":"8.2A-511","catch_line":"Merchant lessee's duties as to rightfully rejected goods","url":"\/8.2A-511\/","token":"8.2A\/5\/B\/8.2A-511","metadata":false},{"id":70655,"structure_id":13914,"section_number":"8.2A-512","catch_line":"Lessee's duties as to rightfully rejected goods","url":"\/8.2A-512\/","token":"8.2A\/5\/B\/8.2A-512","metadata":false},{"id":61599,"structure_id":13914,"section_number":"8.2A-513","catch_line":"Cure by lessor of improper tender or delivery; replacement","url":"\/8.2A-513\/","token":"8.2A\/5\/B\/8.2A-513","metadata":false},{"id":56122,"structure_id":13914,"section_number":"8.2A-514","catch_line":"Waiver of lessee's objections","url":"\/8.2A-514\/","token":"8.2A\/5\/B\/8.2A-514","metadata":false},{"id":55972,"structure_id":13914,"section_number":"8.2A-515","catch_line":"Acceptance of goods","url":"\/8.2A-515\/","token":"8.2A\/5\/B\/8.2A-515","metadata":false},{"id":78053,"structure_id":13914,"section_number":"8.2A-516","catch_line":"Effect of acceptance of goods; notice of default; burden of establishing default after acceptance; notice of claim or litigation to person answerable","url":"\/8.2A-516\/","token":"8.2A\/5\/B\/8.2A-516","metadata":false},{"id":66372,"structure_id":13914,"section_number":"8.2A-517","catch_line":"Revocation of acceptance of goods","url":"\/8.2A-517\/","token":"8.2A\/5\/B\/8.2A-517","metadata":false},{"id":83561,"structure_id":13914,"section_number":"8.2A-518","catch_line":"Cover; substitute goods","url":"\/8.2A-518\/","token":"8.2A\/5\/B\/8.2A-518","metadata":false},{"id":74347,"structure_id":13914,"section_number":"8.2A-519","catch_line":"Lessee's damages for nondelivery, repudiation, default, and breach of warranty in regard to accepted goods","url":"\/8.2A-519\/","token":"8.2A\/5\/B\/8.2A-519","metadata":false},{"id":64983,"structure_id":13914,"section_number":"8.2A-520","catch_line":"Lessee's incidental and consequential damages","url":"\/8.2A-520\/","token":"8.2A\/5\/B\/8.2A-520","metadata":false},{"id":76119,"structure_id":13914,"section_number":"8.2A-521","catch_line":"Lessee's right to specific performance or other similar rights","url":"\/8.2A-521\/","token":"8.2A\/5\/B\/8.2A-521","metadata":false},{"id":54961,"structure_id":13914,"section_number":"8.2A-522","catch_line":"Lessee's right to goods on lessor's insolvency","url":"\/8.2A-522\/","token":"8.2A\/5\/B\/8.2A-522","metadata":false}],"next_section":{"id":60181,"structure_id":13914,"section_number":"8.2A-509","catch_line":"Lessee's rights on improper delivery; rightful rejection","url":"\/8.2A-509\/","token":"8.2A\/5\/B\/8.2A-509","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.2A-508\/","history_text":"

This law was first created in 1991. The record of its establishment is cataloged in chapter 536 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1991 \u201cActs\u201d aren\u2019t available online.<\/p>","references":[{"id":72201,"section_number":"29.1-733.15","catch_line":"Perfection of security interest","order_by":null,"url":"\/29.1-733.15\/"},{"id":76938,"section_number":"29.1-733.2","catch_line":"Definitions","order_by":null,"url":"\/29.1-733.2\/"},{"id":84556,"section_number":"8.2A-511","catch_line":"Merchant lessee's duties as to rightfully rejected goods","order_by":null,"url":"\/8.2A-511\/"},{"id":70655,"section_number":"8.2A-512","catch_line":"Lessee's duties as to rightfully rejected goods","order_by":null,"url":"\/8.2A-512\/"},{"id":83561,"section_number":"8.2A-518","catch_line":"Cover; substitute goods","order_by":null,"url":"\/8.2A-518\/"},{"id":73411,"section_number":"8.2A-527","catch_line":"Lessor's rights to dispose of goods","order_by":null,"url":"\/8.2A-527\/"},{"id":58431,"section_number":"8.9A-102","catch_line":"Definitions and index of definitions","order_by":null,"url":"\/8.9A-102\/"},{"id":59732,"section_number":"8.9A-109","catch_line":"Scope","order_by":null,"url":"\/8.9A-109\/"},{"id":83703,"section_number":"8.9A-110","catch_line":"Security interests arising under Title 8.2 or Title 8.2A","order_by":null,"url":"\/8.9A-110\/"},{"id":71502,"section_number":"8.9A-309","catch_line":"Security interest perfected upon attachment","order_by":null,"url":"\/8.9A-309\/"},{"id":61420,"section_number":"8.9A-325","catch_line":"Priority of security interests in transferred collateral","order_by":null,"url":"\/8.9A-325\/"}],"refers_to":[{"id":76228,"section_number":"8.2A-402","catch_line":"Anticipatory repudiation","order_by":null,"url":"\/8.2A-402\/"},{"id":56364,"section_number":"8.2A-407","catch_line":"Irrevocable promises: finance leases","order_by":null,"url":"\/8.2A-407\/"},{"id":60727,"section_number":"8.2A-505","catch_line":"Cancellation and termination and effect of cancellation, termination, rescission, or fraud on rights and remedies","order_by":null,"url":"\/8.2A-505\/"},{"id":60181,"section_number":"8.2A-509","catch_line":"Lessee's rights on improper delivery; rightful rejection","order_by":null,"url":"\/8.2A-509\/"},{"id":74596,"section_number":"8.2A-510","catch_line":"Installment lease contracts; rejection and default","order_by":null,"url":"\/8.2A-510\/"},{"id":66372,"section_number":"8.2A-517","catch_line":"Revocation of acceptance of goods","order_by":null,"url":"\/8.2A-517\/"},{"id":83561,"section_number":"8.2A-518","catch_line":"Cover; substitute goods","order_by":null,"url":"\/8.2A-518\/"},{"id":74347,"section_number":"8.2A-519","catch_line":"Lessee's damages for nondelivery, repudiation, default, and breach of warranty in regard to accepted goods","order_by":null,"url":"\/8.2A-519\/"},{"id":64983,"section_number":"8.2A-520","catch_line":"Lessee's incidental and consequential damages","order_by":null,"url":"\/8.2A-520\/"},{"id":76119,"section_number":"8.2A-521","catch_line":"Lessee's right to specific performance or other similar rights","order_by":null,"url":"\/8.2A-521\/"},{"id":54961,"section_number":"8.2A-522","catch_line":"Lessee's right to goods on lessor's insolvency","order_by":null,"url":"\/8.2A-522\/"}],"permalink":{"id":282603,"object_type":"law","relational_id":62750,"identifier":"8.2A-508","token":"8.2A\/5\/B\/8.2A-508","url":"\/8.2A-508\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.2A-508\/","token":"8.2A\/5\/B\/8.2A-508","dublin_core":{"Title":"Lessee’s remedies","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.2A-508","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

1.<\/span> If a lessor fails to deliver the goods in conformity to the lease contract<\/span> (\u00a7 8.2A-509<\/a>) or repudiates the lease contract<\/span> (\u00a7 8.2A-402<\/a>), or a lessee rightfully rejects the goods (\u00a7 8.2A-509<\/a>) or justifiably revokes acceptance of the goods (\u00a7 8.2A-517<\/a>), then with respect to any goods involved, and with respect to all of the goods if under an installment lease contract<\/span> the value of the whole lease contract<\/span> is substantially impaired (\u00a7 8.2A-510<\/a>), the lessor is in default<\/span> under the lease contract<\/span> and the lessee may: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

a.<\/span> Cancel the lease contract<\/span> (subsection (1) of § 8.2A-505<\/a>); <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> Recover so much of the rent and security as has been paid, and is just under the circumstances; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> Cover and recover damages<\/span> as to all goods affected whether or not they have been identified to the lease contract<\/span> (§§ 8.2A-518<\/a> and 8.2A-520<\/a>), or recover damages<\/span> for nondelivery (§§ 8.2A-519<\/a> and 8.2A-520<\/a>); or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

d.<\/span> Exercise any other rights or pursue any other remedies provided in the lease contract<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If a lessor fails to deliver the goods in conformity to the lease contract<\/span> or repudiates the lease contract<\/span>, the lessee may also: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

a.<\/span> If the goods have been identified, recover them (§ 8.2A-522<\/a>); or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> In a proper case, obtain specific performance or recover the goods (§ 8.2A-521<\/a>). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If a lessor is otherwise in default<\/span> under a lease contract<\/span>, the lessee may exercise the rights and pursue the remedies provided in the lease contract<\/span>, which may include a right to cancel the lease, and in subsection (3) of § 8.2A-519<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> If a lessor has breached a warranty, whether express or implied, the lessee may recover damages<\/span> (subsection (4) of § 8.2A-519<\/a>). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> On rightful rejection or justifiable revocation<\/span> of acceptance, a lessee has a security interest in goods in the lessee’s possession<\/span> or control for any rent and security that has been paid and any expenses reasonably incurred in their inspection, receipt, transportation, and care and custody<\/span> and may hold those goods and dispose of them in good faith and in a commercially reasonable manner, subject to subsection (5) of § 8.2A-527<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Subject to the provisions of § 8.2A-407<\/a>, a lessee, on notifying the lessor of the lessee’s intention to do so, may deduct all or any part of the damages<\/span> resulting from any default<\/span> under the lease contract<\/span> from any part of the rent still due under the same lease contract<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLESSEE’S REMEDIES (\u00a7 8.2A-508)\n\n1. If a lessor fails to deliver the goods in conformity to the lease contract\n(\u00a7 8.2A-509) or repudiates the lease contract (\u00a7 8.2A-402), or a lessee\nrightfully rejects the goods (\u00a7 8.2A-509) or justifiably revokes acceptance of\nthe goods (\u00a7 8.2A-517), then with respect to any goods involved, and with\nrespect to all of the goods if under an installment lease contract the value of\nthe whole lease contract is substantially impaired (\u00a7 8.2A-510), the lessor is\nin default under the lease contract and the lessee may:\n\n a. Cancel the lease contract (subsection (1) of § 8.2A-505);\n\n b. Recover so much of the rent and security as has been paid, and is just\n under the circumstances;\n\n c. Cover and recover damages as to all goods affected whether or not they have\n been identified to the lease contract (§§ 8.2A-518 and 8.2A-520), or\n recover damages for nondelivery (§§ 8.2A-519 and 8.2A-520); or\n\n d. Exercise any other rights or pursue any other remedies provided in the\n lease contract.\n\n2. If a lessor fails to deliver the goods in conformity to the lease contract or\nrepudiates the lease contract, the lessee may also:\n\n a. If the goods have been identified, recover them (§ 8.2A-522); or\n\n b. In a proper case, obtain specific performance or recover the goods (§\n 8.2A-521).\n\n3. If a lessor is otherwise in default under a lease contract, the lessee may\nexercise the rights and pursue the remedies provided in the lease contract,\nwhich may include a right to cancel the lease, and in subsection (3) of §\n8.2A-519.\n\n4. If a lessor has breached a warranty, whether express or implied, the lessee\nmay recover damages (subsection (4) of § 8.2A-519).\n\n5. On rightful rejection or justifiable revocation of acceptance, a lessee has a\nsecurity interest in goods in the lessee’s possession or control for any\nrent and security that has been paid and any expenses reasonably incurred in\ntheir inspection, receipt, transportation, and care and custody and may hold\nthose goods and dispose of them in good faith and in a commercially reasonable\nmanner, subject to subsection (5) of § 8.2A-527.\n\n6. Subject to the provisions of § 8.2A-407, a lessee, on notifying the\nlessor of the lessee’s intention to do so, may deduct all or any part of\nthe damages resulting from any default under the lease contract from any part of\nthe rent still due under the same lease contract.\n\nHISTORY: 1991, c. 536.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}