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HomeCommercial CodeDiv. 10Ch. 5Art. 3§ 10523 Lessee Default Remedies

§ 10523 Lessee Default Remedies

Commercial Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 10523 Lessee Default Remedies

This law says what happens if someone renting something (like a car or machine) doesn't pay or breaks the rental agreement. The owner can take back the item, cancel the rental, or ask for money to fix the problem.

Key Takeaways

  • •If you don't pay or break the rental rules, the owner can take the item back.
  • •The owner can cancel the rental and ask for money to cover their loss.
  • •Even if the owner doesn't take everything back, they can still ask you to pay for what you owe.

Example

You rent a car but stop paying the monthly fee.

The car company can take the car back, cancel your rental, and make you pay for the time you didn't pay for.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 10523 Lessee Default Remedies

(a) If a lessee wrongfully rejects or revokes acceptance of goods or fails to make a payment when due or repudiates with respect to a part or the whole, 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 (Section 10510), the lessee is in default under the lease contract and the lessor may: (1) Cancel the lease contract (subdivision (a) of Section 10505); (2) Proceed respecting goods not identified to the lease contract (Section 10524); (3) Withhold delivery of the goods and take possession of goods previously delivered (Section 10525); (4) Stop delivery of the goods by any bailee (Section 10526); (5) Dispose of the goods and recover damages (Section 10527), or retain the goods and recover damages (Section 10528), or in a proper case recover rent (Section 10529); (6) Exercise any other rights or pursue any other remedies provided in the lease contract. (b) If a lessor does not fully exercise a right or obtain a remedy to which the lessor is entitled under subdivision (a), the lessor may recover the loss resulting in the ordinary course of events from the lessee’s default as determined in any reasonable manner, together with incidental damages, less expenses saved in consequence of the lessee’s default. (c) If a lessee is otherwise in default under a lease contract, the lessor may exercise the rights and pursue the remedies provided in the lease contract, which may include a right to cancel the lease. In addition, unless otherwise provided in the lease contract: (1) If the default substantially impairs the value of the lease contract to the lessor, the lessor may exercise the rights and pursue the remedies provided in subdivisions (a) and (b); or (2) If the default does not substantially impair the value of the lease contract to the lessor, the lessor may recover as provided in subdivision (b). (Amended by Stats. 1991, Ch. 111, Sec. 61. Effective July 15, 1991.)

Last verified: January 10, 2026

Key Terms

acceptancepossessioncontractdamagesremedybailleaseinstallment

Related Statutes

  • § 10527 Lessor Disposal After Default
  • § 10511 Lessee Disposal Of Rejected Goods
  • § 10518 Lessee Cover After Default
  • § 2509 Risk Transfer In Shipments
  • § 10219 Risk Of Loss Transfer

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 10523.
View Official Source