{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.2A-528.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.2A-528.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.2A-528.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.2A-528.html"}],"law_id":69309,"edition_id":1,"section_id":69309,"structure_id":15201,"section_number":"8.2A-528","catch_line":"Lessor’s damages for nonacceptance or repudiation","history":"1991, c. 536; 2003, c. 353.","full_text":"1\n\nExcept as otherwise provided with respect to damages liquidated in the lease agreement (§ 8.2A-504) or otherwise determined pursuant to agreement of the parties (§§ 8.1A-302 and 8.2A-503), if a lessor elects to retain the goods or a lessor elects to dispose of the goods and disposition is by lease agreement that for any reason does not qualify for treatment under subsection (2) of § 8.2A-527, or is by sale or otherwise, the lessor may recover from the lessee as damages for a default of the type described in subsection (1) of § 8.2A-523 or subdivision (3) (a) of § 8.2A-523, or, if agreed, for other default of the lessee (i) accrued and unpaid rent as of the date of default if the lessee has never taken possession of the goods or, if the lessee has taken possession of the goods, as of the date the lessor repossessed the goods or an earlier date on which the lessee makes a tender of the goods to the lessor, (ii) the present value as of the date determined under clause (i) of the total rent for the then remaining lease term of the original lease agreement minus the present value as of the same date of the market rent at the place where the goods are located computed for the same lease term, and (iii) any incidental damages allowed under § 8.2A-530, less expenses saved in consequence of the lessee’s default.2\n\nIf the measure of damages provided in subsection (1) of this section is inadequate to put a lessor in as good a position as performance would have, the measure of damages is the present value of the profit, including reasonable overhead, the lessor would have made from full performance by the lessee, together with any incidental damages allowed under § 8.2A-530, due allowance for costs reasonably incurred and due credit for payments or proceeds of disposition.","order_by":null,"text":{"0":{"id":250705,"text":"Except as otherwise provided with respect to damages liquidated in the lease agreement (§ 8.2A-504) or otherwise determined pursuant to agreement of the parties (§§ 8.1A-302 and 8.2A-503), if a lessor elects to retain the goods or a lessor elects to dispose of the goods and disposition is by lease agreement that for any reason does not qualify for treatment under subsection (2) of § 8.2A-527, or is by sale or otherwise, the lessor may recover from the lessee as damages for a default of the type described in subsection (1) of § 8.2A-523 or subdivision (3) (a) of § 8.2A-523, or, if agreed, for other default of the lessee (i) accrued and unpaid rent as of the date of default if the lessee has never taken possession of the goods or, if the lessee has taken possession of the goods, as of the date the lessor repossessed the goods or an earlier date on which the lessee makes a tender of the goods to the lessor, (ii) the present value as of the date determined under clause (i) of the total rent for the then remaining lease term of the original lease agreement minus the present value as of the same date of the market rent at the place where the goods are located computed for the same lease term, and (iii) any incidental damages allowed under § 8.2A-530, less expenses saved in consequence of the lessee’s default.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"next_prefix":"2"},"1":{"id":250706,"text":"If the measure of damages provided in subsection (1) of this section is inadequate to put a lessor in as good a position as performance would have, the measure of damages is the present value of the profit, including reasonable overhead, the lessor would have made from full performance by the lessee, together with any incidental damages allowed under § 8.2A-530, due allowance for costs reasonably incurred and due credit for payments or proceeds of disposition.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1"}},"ancestry":[{"id":15201,"edition_id":1,"name":"Default by Lessee","identifier":"C","label":"article","depth":3,"order_by":1,"parent_id":13913,"metadata":{},"date_created":"2026-06-26 03:52:55","date_modified":"2026-06-26 03:52:55","permalink":{"id":282663,"object_type":"structure","relational_id":15201,"identifier":"C","token":"8.2A\/5\/C","url":"\/8.2A\/5\/C\/","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":58736,"structure_id":15201,"section_number":"8.2A-523","catch_line":"Lessor's remedies","url":"\/8.2A-523\/","token":"8.2A\/5\/C\/8.2A-523","metadata":false},{"id":57869,"structure_id":15201,"section_number":"8.2A-524","catch_line":"Lessor's right to identify goods to lease contract","url":"\/8.2A-524\/","token":"8.2A\/5\/C\/8.2A-524","metadata":false},{"id":72857,"structure_id":15201,"section_number":"8.2A-525","catch_line":"Lessor's right to possession of goods","url":"\/8.2A-525\/","token":"8.2A\/5\/C\/8.2A-525","metadata":false},{"id":83435,"structure_id":15201,"section_number":"8.2A-526","catch_line":"Lessor's stoppage of delivery in transit or otherwise","url":"\/8.2A-526\/","token":"8.2A\/5\/C\/8.2A-526","metadata":false},{"id":73411,"structure_id":15201,"section_number":"8.2A-527","catch_line":"Lessor's rights to dispose of goods","url":"\/8.2A-527\/","token":"8.2A\/5\/C\/8.2A-527","metadata":false},{"id":69309,"structure_id":15201,"section_number":"8.2A-528","catch_line":"Lessor's damages for nonacceptance or repudiation","url":"\/8.2A-528\/","token":"8.2A\/5\/C\/8.2A-528","metadata":false},{"id":80116,"structure_id":15201,"section_number":"8.2A-529","catch_line":"Lessor's action for the rent","url":"\/8.2A-529\/","token":"8.2A\/5\/C\/8.2A-529","metadata":false},{"id":83625,"structure_id":15201,"section_number":"8.2A-530","catch_line":"Lessor's incidental damages","url":"\/8.2A-530\/","token":"8.2A\/5\/C\/8.2A-530","metadata":false},{"id":70690,"structure_id":15201,"section_number":"8.2A-531","catch_line":"Standing to sue third parties for injury to goods","url":"\/8.2A-531\/","token":"8.2A\/5\/C\/8.2A-531","metadata":false},{"id":77975,"structure_id":15201,"section_number":"8.2A-532","catch_line":"Lessor's rights to residual interest","url":"\/8.2A-532\/","token":"8.2A\/5\/C\/8.2A-532","metadata":false}],"previous_section":{"id":73411,"structure_id":15201,"section_number":"8.2A-527","catch_line":"Lessor's rights to dispose of goods","url":"\/8.2A-527\/","token":"8.2A\/5\/C\/8.2A-527","metadata":false},"next_section":{"id":80116,"structure_id":15201,"section_number":"8.2A-529","catch_line":"Lessor's action for the rent","url":"\/8.2A-529\/","token":"8.2A\/5\/C\/8.2A-529","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.2A-528\/","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. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2003, chapter 353<\/a>.<\/p>","references":[{"id":84634,"section_number":"8.2A-507","catch_line":"Proof of market rent; time and place","order_by":null,"url":"\/8.2A-507\/"},{"id":58736,"section_number":"8.2A-523","catch_line":"Lessor's remedies","order_by":null,"url":"\/8.2A-523\/"},{"id":73411,"section_number":"8.2A-527","catch_line":"Lessor's rights to dispose of goods","order_by":null,"url":"\/8.2A-527\/"},{"id":80116,"section_number":"8.2A-529","catch_line":"Lessor's action for the rent","order_by":null,"url":"\/8.2A-529\/"}],"refers_to":[{"id":84280,"section_number":"8.1A-302","catch_line":"Variation by agreement","order_by":null,"url":"\/8.1A-302\/"},{"id":86201,"section_number":"8.2A-503","catch_line":"Modification or impairment of rights and remedies","order_by":null,"url":"\/8.2A-503\/"},{"id":60366,"section_number":"8.2A-504","catch_line":"Liquidation of damages","order_by":null,"url":"\/8.2A-504\/"},{"id":58736,"section_number":"8.2A-523","catch_line":"Lessor's remedies","order_by":null,"url":"\/8.2A-523\/"},{"id":73411,"section_number":"8.2A-527","catch_line":"Lessor's rights to dispose of goods","order_by":null,"url":"\/8.2A-527\/"},{"id":83625,"section_number":"8.2A-530","catch_line":"Lessor's incidental damages","order_by":null,"url":"\/8.2A-530\/"}],"permalink":{"id":282685,"object_type":"law","relational_id":69309,"identifier":"8.2A-528","token":"8.2A\/5\/C\/8.2A-528","url":"\/8.2A-528\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.2A-528\/","token":"8.2A\/5\/C\/8.2A-528","dublin_core":{"Title":"Lessor’s damages for nonacceptance or repudiation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.2A-528","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

1.<\/span> Except as otherwise provided with respect to damages<\/span> liquidated in the lease agreement (§ 8.2A-504<\/a>) or otherwise determined pursuant to agreement of the parties (§§ 8.1A-302<\/a> and 8.2A-503<\/a>), if a lessor elects to retain the goods or a lessor elects to dispose of the goods and disposition<\/span> is by lease agreement that for any reason does not qualify for treatment under subsection (2) of § 8.2A-527<\/a>, or is by sale or otherwise, the lessor may recover from the lessee as damages<\/span> for a default<\/span> of the type described in subsection (1) of § 8.2A-523<\/a> or subdivision (3) (a) of § 8.2A-523<\/a>, or, if agreed, for other default<\/span> of the lessee (i) accrued and unpaid rent as of the date of default<\/span> if the lessee has never taken possession<\/span> of the goods or, if the lessee has taken possession<\/span> of the goods, as of the date the lessor repossessed the goods or an earlier date on which the lessee makes a tender of the goods to the lessor, (ii) the present value as of the date determined under clause (i) of the total rent for the then remaining lease term of the original lease agreement minus the present value as of the same date of the market rent at the place where the goods are located computed for the same lease term, and (iii) any incidental damages<\/span> allowed under § 8.2A-530<\/a>, less expenses saved in consequence of the lessee’s default<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If the measure of damages<\/span> provided in subsection (1) of this section is inadequate to put a lessor in as good a position as performance would have, the measure of damages<\/span> is the present value of the profit, including reasonable overhead, the lessor would have made from full performance by the lessee, together with any incidental damages<\/span> allowed under § 8.2A-530<\/a>, due allowance for costs reasonably incurred and due credit for payments or proceeds of disposition<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLESSOR’S DAMAGES FOR NONACCEPTANCE OR REPUDIATION (\u00a7 8.2A-528)\n\n1. Except as otherwise provided with respect to damages liquidated in the lease\nagreement (§ 8.2A-504) or otherwise determined pursuant to agreement of the\nparties (§§ 8.1A-302 and 8.2A-503), if a lessor elects to retain the\ngoods or a lessor elects to dispose of the goods and disposition is by lease\nagreement that for any reason does not qualify for treatment under subsection\n(2) of § 8.2A-527, or is by sale or otherwise, the lessor may recover from\nthe lessee as damages for a default of the type described in subsection (1) of\n§ 8.2A-523 or subdivision (3) (a) of § 8.2A-523, or, if agreed, for\nother default of the lessee (i) accrued and unpaid rent as of the date of\ndefault if the lessee has never taken possession of the goods or, if the lessee\nhas taken possession of the goods, as of the date the lessor repossessed the\ngoods or an earlier date on which the lessee makes a tender of the goods to the\nlessor, (ii) the present value as of the date determined under clause (i) of the\ntotal rent for the then remaining lease term of the original lease agreement\nminus the present value as of the same date of the market rent at the place\nwhere the goods are located computed for the same lease term, and (iii) any\nincidental damages allowed under § 8.2A-530, less expenses saved in\nconsequence of the lessee’s default.\n\n2. If the measure of damages provided in subsection (1) of this section is\ninadequate to put a lessor in as good a position as performance would have, the\nmeasure of damages is the present value of the profit, including reasonable\noverhead, the lessor would have made from full performance by the lessee,\ntogether with any incidental damages allowed under § 8.2A-530, due\nallowance for costs reasonably incurred and due credit for payments or proceeds\nof disposition.\n\nHISTORY: 1991, c. 536; 2003, c. 353.","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}}