The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 680
UNIFORM COMMERCIAL CODE: LEASES

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F.S. 680.527

680.527 Lessor’s rights to dispose of goods.—

(1) After a default by a lessee under the lease contract of the type described in s. 680.523(1) or (3)(a) or after the lessor refuses to deliver or takes possession of goods (s. 680.525 or s. 680.526), or, if agreed, after other default by a lessee, the lessor may dispose of the goods concerned or the undelivered balance thereof by lease, sale, or otherwise.

(2) Except as otherwise provided with respect to damages liquidated in the lease agreement (s. 680.504) or otherwise determined pursuant to agreement of the parties (ss. 671.102(2) and 680.503), if the disposition is by lease agreement substantially similar to the original lease agreement and the new lease agreement is made in good faith and in a commercially reasonable manner, the lessor may recover from the lessee as damages:

(a) Accrued and unpaid rent as of the date of the commencement of the term of the new lease agreement;

(b) The present value, as of the same date, of the commencement of the term of the new lease agreement 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 rent under the new lease agreement applicable to that period of the new lease term which is comparable to the then remaining term of the original lease agreement; and

(3) If the lessor’s disposition is by lease agreement that qualifies for treatment under subsection (2), the lessor may elect to proceed under subsection (2) or s. 680.528. If the lessor’s disposition is by lease contract that for any reason does not qualify for treatment under subsection (2), or is by sale or otherwise, the lessor may recover from the lessee under s. 680.528 as if the lessor had elected not to dispose of the goods.

(4) A subsequent buyer or lessee who buys or leases from the lessor in good faith for value as a result of a disposition under this section takes the goods free of the original lease contract and any rights of the original lessee even though the lessor fails to comply with one or more of the requirements of this chapter.

(5) The lessor is not accountable to the lessee for any profit made on any disposition. A lessee who has rightfully rejected or justifiably revoked acceptance shall account to the lessor for any excess over the amount of the lessee’s security interest (s. 680.508(5)).

History.—s. 1, ch. 90-278; s. 43, ch. 98-11; s. 29, ch. 2007-134.

F.S. 680.527 on Google Scholar

F.S. 680.527 on Casetext

Amendments to 680.527

Arrestable Offenses / Crimes under Fla. Stat. 680.527

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 680.527.

Annotations, Discussions, Cases:

Cases from cite.case.law:

BP GROUP, INC. v. N. KLOEBER, Jr., 664 F.3d 1235 (8th Cir. 2012)

. . . . § 680.527, allowing BP Group a greater recovery. . . . Stat. § 680.527; Uniform Commercial Code (UCC) § 2A-527 cmt. 5. . . . Stat. §§ 680.527 and 680.528. . . . Stat. § 680.527, not Fla. Stat. § 680.528” at this stage. . . . Stat. § 680.527(1), if a lessee defaults on a lease, the lessor may dispose of the goods "by lease, sale . . .

AIR CALEDONIE INTERNATIONAL, v. AAR PARTS TRADING, INC., 315 F. Supp. 2d 1319 (S.D. Fla. 2004)

. . . applicable UCC provisions that set forth a lessor’s remedies upon a lessee’s default are Sections 680.523, 680.527 . . . Cancel the lease contract (8.680.606(1)); * * # * * # (e) Dispose of the goods and recover damages (s.680.527 . . . Section 680.527(1) permits the lessor, after a default by a lessee, to “dispose of the goods concerned . . .