§ 554.13529

554.13529 Lessor’s action for the rent. 1. After default by the lessee under the lease contract of the type described in section 554.13523, subsection 1, or section 554.13523, subsection 3, paragraph 'a', or, if agreed, afterother default by the lessee, if the lessor complies with subsection 2, the lessor may recoverfrom 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 ofloss passes to the lessee (section 554.13219), accrued and unpaid rent as of the date of entryof judgment in favor of the lessor, the present value as of the same date of the rent for thethen remaining lease term of the lease agreement, and any incidental damages allowed undersection 554.13530, less expenses saved in consequence of the lessee’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 effortwill be unavailing, accrued and unpaid rent as of the date of entry of judgment in favor ofthe lessor, the present value as of

t a reasonable price or the circumstances reasonably indicate that effortwill be unavailing, accrued and unpaid rent as of the date of entry of judgment in favor ofthe lessor, the present value as of the same date of the rent for the then remaining lease termof the lease agreement, and any incidental damages allowed under section 554.13530, lessexpenses saved in consequence of the lessee’s default. 2. Except as provided in subsection 3, 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 contractand are in the lessor’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. If the disposition is before the end of the remaining lease term of the lease agreement, the lessor’s recovery against the lesseefor damages is governed by section 554.13527 or 554.13528, and the lessor will cause anappropriate credit to be provided against a judgment for damages to the extent that theamount of the judgment exceeds the recovery available pursuant to section 554.13527 or554.13528. 4.

will cause anappropriate credit to be provided against a judgment for damages to the extent that theamount of the judgment exceeds the recovery available pursuant to section 554.13527 or554.13528. 4. Payment of the judgment for damages obtained pursuant to subsection 1 entitles the lessee to the use and possession of the goods not then disposed of for the remaining leaseterm of and in accordance with the lease agreement. 5. After default by the lessee under the lease contract of the type described in section 554.13523, subsection 1, or section 554.13523, subsection 3, paragraph 'a', or, if agreed,after other default by the lessee, a lessor who is held not entitled to rent under this sectionmust nevertheless be awarded damages for nonacceptance under section 554.13527 orsection 554.13528. 94 Acts, ch 1052, §81; 2013 Acts, ch 30, §261Referred to in §554.13523 Sat Dec 23 11:03:43 2023 Iowa Code 2024, Section 554.13529 (25, 0)