2012 Pennsylvania Consolidated Statutes
Title 13 - COMMERCIAL CODE
Chapter 2A5 - Default
Section 2A528 - Lessor's damages for nonacceptance, failure to pay, repudiation or other default

     § 2A528.  Lessor's damages for nonacceptance, failure to pay,
                repudiation or other default.
        (a)  General rule.--Except as otherwise provided with respect
     to damages liquidated in the lease agreement (section 2A504) or
     otherwise determined pursuant to agreement of the parties
     (sections 1302 and 2A523), if a lessor elects to retain the
     goods or a lessor elects to dispose of the goods and the
     disposition is by lease agreement that for any reason does not
     qualify for treatment under section 2A527(b) (relating to
     lessor's rights to dispose of goods), or is by sale or
     otherwise, the lessor may recover from the lessee as damages for
     a default of the type described in section 2A523(a) or (c)(1)
     (relating to lessor's remedies) or, if agreed, for other default
     of the lessee:
            (1)  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 repossesses the goods or an earlier date on which the
        lessee makes a tender of the goods to the lessor;
            (2)  the present value as of the date determined under
        paragraph (1) 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
            (3)  any incidental damages allowed under section 2A530
        (relating to lessor's incidental damages), less expenses
        saved in consequence of the lessee's default.
        (b)  Exception.--If the measure of damages provided in
     subsection (a) 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 section
     2A530, due allowance for costs reasonably incurred and due
     credit for payments or proceeds of disposition.
     (Apr. 16, 2008, P.L.57, No.13, eff. 60 days)

        2008 Amendment.  Act 13 amended subsec. (a) intro. par.
        Cross References.  Section 2A528 is referred to in sections
     2A507, 2A523, 2A527, 2A529 of this title.