Ohio § 1310.74

§ 1310.74.

(A) Except as otherwise provided with respect to damages liquidated in the lease agreement

pursuant to section 1310.50 of the Revised Code or otherwise determined pursuant to the agreement of the parties as provided in section 1301.302 and section 1310.49 of the Revised Code , 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 division (B) of section 1310.73 of the Revised Code or is by sale or otherwise, the lessor may recover from the lessee as damages for

a default of the type described in division (A) or (C)(1) of section 1310.69 of the Revised Code or, if agreed, for other default of the lessee all of the following: (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 division (A)(1) of this section

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; (3) Any incidental damages allowed under section 1310.76 of the Revised Code , less expenses saved in consequence of the lessee's default. (B) If the measure of damages provided in division (A) 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 section 1310.76 of the Revised Code , due allowance for costs reasonably incurred, and due credit for payments or proceeds

of disposition.