                                 CODE OF VIRGINIA

LESSOR&#8217;S ACTION FOR THE RENT (§ 8.2A-529)

1. After default by the lessee under the lease contract of the type described in
subsection (1) of § 8.2A-523 or subdivision (3) (a) of § 8.2A-523 or, if
agreed, after other default by the lessee, if the lessor complies with
subsection (2) of this section, the lessor may recover from the lessee as
damages:

   a. For goods accepted by the lessee and not repossessed by or tendered to the
   lessor, and for conforming goods lost or damaged within a commercially
   reasonable time after risk of loss passes to the lessee (&#xA7; 8.2A-219), (i)
   accrued and unpaid rent as of the date of entry of judgment in favor of the
   lessor, (ii) the present value as of the same date of the rent for the then
   remaining lease term of the lease agreement, and (iii) any incidental damages
   allowed under &#xA7; 8.2A-530, less expenses saved in consequence of the
   lessee&#8217;s default; and

   b. For goods identified to the lease contract if the lessor is unable after
   reasonable effort to dispose of them at a reasonable price or the
   circumstances reasonably indicate that effort will be unavailing, (i) accrued
   and unpaid rent as of the date of entry of judgment in favor of the lessor,
   (ii) the present value as of the same date of the rent for the then remaining
   lease term of the lease agreement, and (iii) any incidental damages allowed
   under &#xA7; 8.2A-530, less expenses saved in consequence of the
   lessee&#8217;s default.

2. Except as provided in subsection (3) of this section, the lessor shall hold
for the lessee for the remaining lease term of the lease agreement any goods
that have been identified to the lease contract and are in the lessor&#8217;s
control.

3. The lessor may dispose of the goods at any time before collection of the
judgment for damages obtained pursuant to subsection (1) of this section. If the
disposition is before the end of the remaining lease term of the lease
agreement, the lessor&#8217;s recovery against the lessee for damages will be
governed by &#xA7; 8.2A-527 or &#xA7; 8.2A-528, and the lessor will cause an
appropriate credit to be provided against a judgment for damages to the extent
that the amount of the judgment exceeds the recovery available pursuant to
&#xA7; 8.2A-527 or &#xA7; 8.2A-528.

4. Payment of the judgment for damages obtained pursuant to subsection (1) of
this section entitles the lessee to use and possession of the goods not then
disposed of for the remaining lease term of the lease agreement.

5. After a lessee has wrongfully rejected or revoked acceptance of goods, has
failed to pay rent then due, or has repudiated (&#xA7; 8.2A-402), a lessor who
is held not entitled to rent under this section shall nevertheless be awarded
damages for nonacceptance under &#xA7;&#xA7; 8.2A-527 and 8.2A-528.

HISTORY: 1991, c. 536.