ORS 72A.5290
Lessor’s action for the rent


(1)

After default by the lessee under the lease contract of the type described in ORS 72A.5230 (Lessor’s remedies), or, if agreed after other default by the lessee, if the lessor complies with subsection (2) of this section, the lessor may recover from the lessee as damages:

(a)

For goods accepted by the lessee and not repossessed by or tendered to the lessor and for conforming goods lost or damaged within a commercially reasonable time after risk of loss passes to the lessee as provided in ORS 72A.2190 (Risk of loss):

(A)

Accrued and unpaid rent as of the date of entry of judgment in favor of the lessor;

(B)

The present value as of the same date of the rent for the then remaining lease term of the lease agreement; and

(C)

Any incidental damages allowed under ORS 72A.5300 (Lessor’s incidental damages), less expenses saved in consequence of the lessee’s default; and

(b)

For goods identified to the lease contract if the lessor is unable after reasonable effort to dispose of them at a reasonable price or the circumstances reasonably indicate that effort will be unavailing, accrued and unpaid rent as of the date of entry of judgment in favor of the lessor, the present value as of the same date of the rent for the then remaining lease term of the lease agreement and any incidental damages allowed under ORS 72A.5300 (Lessor’s incidental damages), less expenses saved in consequence of the lessee’s default.

(2)

Except as provided in subsection (3) of this section, the lessor shall hold for the lessee for the remaining lease term of the lease agreement any goods that have been identified to the lease contract and are in the lessor’s control.

(3)

The lessor may dispose of the goods at any time before collection of the judgment for damages obtained pursuant to subsection (1) of this section. If the disposition is before the end of the remaining lease term of the lease agreement, the lessor’s recovery against the lessee for damages is governed by ORS 72A.5270 (Lessor’s rights to dispose of goods) or 72A.5280 (Lessor’s damages for default), and the lessor will cause an appropriate credit to be provided against a judgment for damages to the extent that the amount of the judgment exceeds the recovery available pursuant to ORS 72A.5270 (Lessor’s rights to dispose of goods) or 72A.5280 (Lessor’s damages for default).

(4)

Payment of the judgment for damages obtained pursuant to subsection (1) of this section entitles the lessee to the use and possession of the goods not then disposed of for the remaining lease term of and in accordance with the lease agreement.

(5)

After a lessee has wrongfully rejected or revoked acceptance of goods, has failed to pay rent then due or has repudiated as provided in ORS 72A.4020 (Anticipatory repudiation), a lessor who is held not entitled to rent under this section must nevertheless be awarded damages for nonacceptance under ORS 72A.5270 (Lessor’s rights to dispose of goods) and 72A.5280 (Lessor’s damages for default). [1989 c.676 §76; 1993 c.646 §19]

Source: Section 72A.5290 — Lessor’s action for the rent, https://www.­oregonlegislature.­gov/bills_laws/ors/ors72A.­html.

72A.1010
Short title
72A.1020
Scope
72A.1030
Definitions and index of definitions
72A.1040
Leases subject to other statutes
72A.1050
Territorial application of act to goods covered by certificate of title
72A.1060
Limitation on power of parties to consumer lease to choose applicable law and judicial forum
72A.1070
Waiver or renunciation of claim or right after default
72A.1080
Unconscionability
72A.1090
Option to accelerate at will
72A.1095
Subordination by agreement
72A.2010
Statute of frauds
72A.2020
Final written expression
72A.2030
Seals inoperative
72A.2040
Formation in general
72A.2050
Firm offers
72A.2060
Offer and acceptance in formation of lease contract
72A.2080
Modification, rescission and waiver
72A.2090
Lessee under finance lease as beneficiary of supply contract
72A.2100
Express warranties
72A.2110
Warranties against interference and against infringement
72A.2120
Implied warranty of merchantability
72A.2130
Implied warranty of fitness for particular purpose
72A.2140
Exclusion or modification of warranties
72A.2150
Cumulation and conflict of warranties express or implied
72A.2160
Third-party beneficiaries of express and implied warranties
72A.2170
Identification
72A.2180
Insurance and proceeds
72A.2190
Risk of loss
72A.2200
Effect of default on risk of loss
72A.2210
Casualty to identified goods
72A.3010
Enforceability of lease contract
72A.3020
Title to and possession of goods
72A.3030
Alienability of party’s interest under lease contract or of lessor’s residual interest in goods
72A.3040
Subsequent lease of goods by lessor
72A.3050
Sale or sublease of goods by lessee
72A.3060
Priority of certain liens arising by operation of law
72A.3070
Priority of liens arising by attachment or levy on goods
72A.3080
Special rights of creditors
72A.3090
Lessor’s and lessee’s rights when goods become fixtures
72A.3095
Fixture filing recorded and indexed as mortgage
72A.3100
Lessor’s and lessee’s rights when goods become accessions
72A.4010
Insecurity
72A.4020
Anticipatory repudiation
72A.4030
Retraction of anticipatory repudiation
72A.4040
Substituted performance
72A.4050
Excused performance
72A.4060
Procedure on excused performance
72A.4070
Irrevocable promises
72A.5010
Default
72A.5020
Notice after default
72A.5030
Modification or impairment of rights and remedies
72A.5040
Liquidation of damages
72A.5050
Cancellation and termination and effect of cancellation, termination, rescission or fraud on rights and remedies
72A.5060
Statute of limitations
72A.5070
Proof of market rent
72A.5080
Lessee’s remedies
72A.5090
Lessee’s rights on improper delivery
72A.5100
Installment lease contracts
72A.5110
Merchant lessee’s duties as to rightfully rejected goods
72A.5120
Lessee’s duties as to rightfully rejected goods
72A.5130
Cure by lessor of improper tender or delivery
72A.5140
Waiver of lessee’s objections
72A.5150
Acceptance of goods
72A.5160
Effect of acceptance of goods
72A.5170
Revocation of acceptance of goods
72A.5180
Cover
72A.5190
Lessee’s damages for nondelivery, repudiation, default and breach of warranty in regard to accepted goods
72A.5200
Lessee’s incidental and consequential damages
72A.5210
Lessee’s right to specific performance or replevin
72A.5220
Lessee’s right to goods on lessor’s insolvency
72A.5230
Lessor’s remedies
72A.5240
Lessor’s right to identify goods to lease contract
72A.5250
Lessor’s right to possession of goods
72A.5260
Lessor’s stoppage of delivery in transit or otherwise
72A.5270
Lessor’s rights to dispose of goods
72A.5280
Lessor’s damages for default
72A.5290
Lessor’s action for the rent
72A.5295
Lessor’s recovery for loss of or damage to residual interest in goods
72A.5300
Lessor’s incidental damages
72A.5310
Standing to sue third parties for injury to goods
Green check means up to date. Up to date