The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 680
UNIFORM COMMERCIAL CODE: LEASES

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F.S. 680.528

680.528 Lessor’s damages for nonacceptance or repudiation.—

(1) 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 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 s. 680.527(2), or is by sale or otherwise, the lessor may recover from the lessee as damages a default of the type described in s. 680.523(1) or (3)(a), or if agreed, for other default of the lessee:

(a) 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.

(b) The present value as of the date determined under paragraph (a) 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 were located on that date computed for the same lease term.

(2) If the measure of damages provided in subsection (1) 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 s. 680.53, due allowance for costs reasonably incurred and due credit for payments or proceeds of disposition.

History.—s. 1, ch. 90-278; s. 44, ch. 98-11; s. 30, ch. 2007-134; s. 88, ch. 2015-2.

F.S. 680.528 on Google Scholar

F.S. 680.528 on Casetext

Amendments to 680.528

Arrestable Offenses / Crimes under Fla. Stat. 680.528

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 680.528.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . . §§ 680.527 and 680.528. . . . Stat. § 680.528” at this stage. . . . qualifies for treatment under subsection (2), the lessor may elect to proceed under subsection (2) or s. 680.528 . . . treatment under subsection (2), or is by sale or otherwise, the lessor may recover from the lessee under s. 680.528 . . . Section 680.528(1), which Kloeber contends applies, allows the aggrieved lessor to recover (a) Accrued . . .

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

. . . e) Dispose of the goods and recover damages (s.680.527), or retain the goods and recover damages (s.680.528 . . . If the disposition is by sale, the lessor may recover from the lessee under Section 680.528 as if the . . . Section 680.528(l)(c) provides that a lessor may recover (1) “[a]ny incidental damages allowed under . . . s. 680.53, less expenses saved in consequence of the lessee’s default;” and Section 680.528(2) provides . . . Under Section 680.528, AAR is entitled to any commercially reasonable charges or expenses incurred in . . .