South Dakota § 57A-2A-508 - Lessee's remedies.

§ 57A-2A-508. Lessee's remedies.

(1)    If a lessor fails to deliver the goods in conformity to the lease contract (§ 57A-2A-509) or repudiates the lease contract (§ 57A-2A-402), or a lessee rightfully rejects the goods (§ 57A-2A-509) or justifiably revokes acceptance of the goods (§ 57A-2A-517), 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 (§ 57A-2A-510), the lessor is in default under the lease contract and the lessee may:

(a)    Cancel the lease contract (§ 57A-2A-505(1));

(b)    Recover so much of the rent and security as has been paid, but in the case of an installment lease contract the recovery is that which is just under the circumstances;

(c)    Cover and recover damages as to all goods affected whether or not they have been identified to the lease contract (§§ 57A-2A-518 and 57A-2A-520), or recover damages for nondelivery (§§ 57A-2A-519 and 57A-2A-520).

(2)    If a lessor fails to deliver the goods in conformity to the lease contract or repudiates the lease contract, the lessee may also:

(a)    If the goods have been identified, recover them (§ 57A-2A-522); or

(b)    In a proper case, obtain specific performance or replevy the goods (§ 57A-2A-521).

(3)    If a lessor is otherwise in default under a lease contract, the lessee may exercise the rights and remedies provided in this chapter except to the extent that this chapter makes the right or remedy available only upon the occurrence of a default described in subsection (1) or (2).

(4)    If a lessor has breached a warranty, whether express or implied, the lessee may recover damages (§ 57A-2A-519(4)).

(5)    On rightful rejection or justifiable revocation of acceptance, a lessee has a security interest in goods in the lessee's possession or control for any rent and security that has been paid and any expenses reasonably incurred in their inspection, receipt, transportation and care and custody and may hold those goods and dispose of them in good faith and in a commercially reasonable manner, subject to the provisions of § 57A-2A-527(5).

(6)    Subject to the provisions of § 57A-2A-407, a lessee, on notifying the lessor of the lessee's intention to do so, may deduct all or any part of the damages resulting from any default under the lease contract from any part of the rent still due under the same lease contract.

Source: SL 1989, ch 419, § 1; SL 1990, ch 390, § 17.