reglab/housing_qa huggingface dataset:
Ohio Rev Code § 1310.45 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1310 | Leases|Section 1310.45 | Procedure on Excused Performance - Ucc 2a-406.

Effective: November 6, 1992|Latest Legislation:  House Bill 693 - 119th General Assembly|(A) If the lessee receives notification of a material or indefinite delay or of an allocation justified under section 1310.44 of the Revised Code, the lessee, by written notification to the lessor as 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 as provided in section 1310.56 of the Revised Code, may do either of the following:(1) Terminate the lease contract, subject to division (B) of section 1310.51 of the Revised Code;(2) Except in a finance lease that is not a consumer lease, modify the lease contract by accepting the available quota in substitution, with due allowance from the rent payable for the balance of the lease term for the deficiency but without further right against the lessor.(B) If, after receipt of a notification from the lessor under division (C) of section 1310.44 of the Revised Code, the lessee fails to modify the lease agreement in accordance with division (A)(2) of this section within a reasonable time not exceeding thirty days, the lease contract lapses with respect to any deliveries affected.
Ohio Rev Code § 1310.46 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1310 | Leases|Section 1310.46 | Irrevocable Promises, Finance Leases - Ucc 2a-407.

Effective: November 6, 1992|Latest Legislation:  House Bill 693 - 119th General Assembly|(A) In the case of a finance lease that is not a consumer lease, the lessee's promises under the lease contract become irrevocable and independent upon the lessee's acceptance of the goods.(B) Both of the following apply to a promise that has become irrevocable and independent under division (A) of this section:(1) It is effective and enforceable between the parties and by or against third parties, including assignees of the parties.(2) It is not subject to cancellation, termination, modification, repudiation, excuse, or substitution without the consent of the party to whom it runs.(C) This section does not affect the validity under any other law of a covenant in any lease contract making the lessee's promises irrevocable and independent upon the lessee's acceptance of the goods.
Ohio Rev Code § 1310.47 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1310 | Leases|Section 1310.47 | Default, Procedure - Ucc 2a-501.

Effective: June 29, 2011|Latest Legislation:  House Bill 9 - 129th General Assembly|(A) Whether the lessor or the lessee is in default under a lease contract is determined by the lease agreement and sections 1310.01 to 1310.78 of the Revised Code. (B) If the lessor or the lessee is in default under the lease contract, the party seeking enforcement has rights and remedies as provided in sections 1310.01 to 1310.78 of the Revised Code and, except as limited by those sections, as provided in the lease agreement.(C) If the lessor or the lessee is in default under the lease contract, the party seeking enforcement may reduce the party's claim to judgment or otherwise enforce the lease contract by self-help or any available judicial procedure or nonjudicial procedure, including an administrative proceeding, arbitration, or the like, in accordance with sections 1310.01 to 1310.78 of the Revised Code.(D) Except as otherwise provided in division (A) of section 1301.305 or sections 1310.01 to 1310.78 of the Revised Code or the lease agreement, the rights and remedies referred to in divisions (B) and (C) of this section are cumulative.(E) If the lease agreement covers both real property and goods, the party seeking enforcement may proceed under sections 1310.47 to 1310.78 of the Revised Code as to the goods or under other applicable law as to both the real property and the goods in accordance with that party's rights and remedies in respect of the real property, in which case sections 1310.47 to 1310.78 of the Revised Code does not apply.
Ohio Rev Code § 1310.48 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1310 | Leases|Section 1310.48 | Notice After Default - Ucc 2a-502.

Effective: November 6, 1992|Latest Legislation:  House Bill 693 - 119th General Assembly|Except as otherwise provided in sections 1310.01 to 1310.78 of the Revised Code or the lease agreement, the lessor or lessee in default under the lease contract is not entitled to notice of default or notice of enforcement from the other party to the lease agreement.
Ohio Rev Code § 1310.49 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1310 | Leases|Section 1310.49 | Modification or Impairment of Rights and Remedies - Ucc 2a-503.

Effective: November 6, 1992|Latest Legislation:  House Bill 693 - 119th General Assembly|(A) Except as otherwise provided in sections 1310.01 to 1310.78 of the Revised Code, the lease agreement may include rights and remedies for default in addition to or in substitution for those provided in sections 1310.01 to 1310.78 of the Revised Code and may limit or alter the measure of damages recoverable under those sections.(B) Resort to a remedy provided under sections 1310.01 to 1310.78 of the Revised Code or in the lease agreement is optional unless the remedy is expressly agreed to be exclusive. If circumstances cause an exclusive or limited remedy to fail of its essential purpose or if a provision for an exclusive remedy is unconscionable, remedy may be had as provided in sections 1310.01 to 1310.78 of the Revised Code.(C) Consequential damages may be liquidated under section 1310.50 of the Revised Code, or may otherwise be limited, altered, or excluded unless the limitation, alteration, or exclusion is unconscionable, limitation, alteration, or exclusion of consequential damages for injury to the person in the case of consumer goods is prima facie unconscionable, but limitation, alteration, or exclusion of damages, if the loss is commercial, is not prima facie unconscionable.(D) Rights and remedies on default by the lessor or the lessee with respect to any obligation or promise collateral or ancillary to the lease contract are not impaired by sections 1310.01 to 1310.78 of the Revised Code.
Ohio Rev Code § 1310.50 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1310 | Leases|Section 1310.50 | Liquidation of Damages - Ucc 2a-504.

Effective: November 6, 1992|Latest Legislation:  House Bill 693 - 119th General Assembly|(A) Damages payable by either party for default or any other act or omission, including indemnity for loss or diminution of anticipated tax benefits or loss or damage to lessor's residual interest, may be liquidated in the lease agreement but only at an amount or by a formula that is reasonable in light of the then anticipated harm caused by the default or other act or omission.(B) If the lease agreement provides for liquidation of damages, and if either that provision does not comply with division (A) of this section, or that provision is an exclusive or limited remedy that circumstances cause to fail of its essential purpose, remedy may be had as provided in sections 1310.01 to 1310.78 of the Revised Code.(C) If the lessor justifiably withholds or stops delivery of goods because of the lessee's default or insolvency as provided in section 1310.71 or 1310.72 of the Revised Code, the lessee is entitled to restitution of any amount by which the sum of his payments exceeds either of the following:(1) The amount to which the lessor is entitled by virtue of terms liquidating the lessor's damages in accordance with division (A) of this section;(2) In the absence of those terms, twenty per cent of the then present value of the total rent the lessee was obligated to pay for the balance of the lease term or, in the case of a consumer lease, the lesser of that amount or five hundred dollars.(D) A lessee's right to restitution under division (C) of this section is subject to offset to the extent the lessor establishes both of the following:(1) A right to recover damages under sections 1310.01 to 1310.78 of the Revised Code other than under division (A) of this section;(2) The amount or value of any benefits received by the lessee directly or indirectly by reason of the lease contract.
Ohio Rev Code § 1310.51 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1310 | Leases|Section 1310.51 | Cancellation and Termination and Effect of Cancellation, Termination, Rescission or Fraud on Rights and Remedies - Ucc 2a-505.

Effective: November 6, 1992|Latest Legislation:  House Bill 693 - 119th General Assembly|(A) On cancellation of the lease contract, all obligations that are still executory on all parties are discharged, but any right based on prior default or performance survives, and the cancelling party also retains any remedy for default of the whole lease contract or any unperformed balance.(B) On termination of the lease contract, all obligations that are still executory on all parties are discharged, but any right based on prior default or performance survives.(C) Unless the contrary intention clearly appears, expressions of "cancellation," "rescission," or the like of the lease contract may not be construed as a renunciation or discharge of any claim in damages for an antecedent default.(D) Rights and remedies for material misrepresentation or fraud include all rights and remedies available under sections 1310.01 to 1310.78 of the Revised Code for default.(E) A rescission of the lease contract, a claim for rescission of the lease contract, or a rejection or return of the goods does not bar, and shall not be considered inconsistent with, a claim for damages or other right or remedy.
Ohio Rev Code § 1310.52 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1310 | Leases|Section 1310.52 | Statute of Limitations - Ucc 2a-506.

Effective: November 6, 1992|Latest Legislation:  House Bill 693 - 119th General Assembly|(A) An action for default under a lease contract, including an action for a breach of warranty or indemnity, shall be commenced within four years after the cause of action accrued. By the original lease contract, the parties may reduce the period of limitation to not less than one year.(B) A cause of action for default accrues when the act or omission on which the default or breach of warranty is based is or should have been discovered by the aggrieved party or when the default occurs, whichever is later. A cause of action for indemnity accrues when the act or omission on which the claim for indemnity is based is or should have been discovered by the indemnified party, whichever is later.(C) If an action commenced within the time limited by division (A) of this section is so terminated as to leave available a remedy by another action for the same default, breach of warranty, or indemnity, the other action may be commenced after the expiration of the time limited and within six months after the termination of the first action unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute.(D) This section does not alter the law on tolling of the statute of limitations and does not apply to causes of action that accrued before the effective date of this section.
Ohio Rev Code § 1310.53 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1310 | Leases|Section 1310.53 | Proof of Market Rent - Time and Place - Ucc 2a-507.

Effective: November 6, 1992|Latest Legislation:  House Bill 693 - 119th General Assembly|(A) Damages based on market rent as provided in section 1310.65 or 1310.74 of the Revised Code are determined according to the rent for the use of the goods concerned for a lease term identical to the remaining lease term of the original lease agreement and prevailing at the times specified in those sections.(B) If evidence of rent for the use of the goods concerned for a lease term identical to the remaining lease term of the original lease agreement and prevailing at the times or places described in sections 1310.01 to 1310.78 of the Revised Code is not readily available, the rent prevailing within any reasonable time before or after the time described or at any other place or for a different lease term that, in commercial judgment or under usage of trade, would serve as a reasonable substitute for the one described may be used, making any proper allowance for the difference, including the cost of transporting the goods to or from the other place.(C) Evidence of a relevant rent prevailing at a time or place or for a lease term other than the one described in sections 1310.01 to 1310.78 of the Revised Code offered by one party is not admissible unless and until he has given the other party notice that the court finds sufficient to prevent unfair surprise.(D) If the prevailing rent or value of any goods regularly leased in any established market is in issue, reports in official publications or trade journals or in newspapers or periodicals of general circulation published as the reports of that market are admissible in evidence. The circumstances of the preparation of the report may be shown to affect its weight but not its admissibility.
Ohio Rev Code § 1310.54 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1310 | Leases|Section 1310.54 | Lessee's Remedies - Ucc 2a-508.

Effective: November 6, 1992|Latest Legislation:  House Bill 693 - 119th General Assembly|(A) If a lessor fails to deliver the goods in conformity to the lease contract as provided in section 1310.55 of the Revised Code or repudiates the lease contract as provided in section 1310.41 of the Revised Code, or if a lessee rightfully rejects the goods as provided in section 1310.55 of the Revised Code or justifiably revokes acceptance of the goods as provided in section 1310.63 of the Revised Code, 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 as provided in section 1310.56 of the Revised Code, the lessor is in default under the lease contract, and the lessee may do one or more of the following:(1) Cancel the lease contract as provided in division (A) of section 1310.51 of the Revised Code;(2) Recover so much of the rent and security as has been paid and is just under the circumstances;(3) Cover and recover damages as to all goods affected, whether or not they have been identified to the lease contract, as provided in sections 1310.64 and 1310.66 of the Revised Code, or recover damages for nondelivery as provided in sections 1310.65 and 1310.66 of the Revised Code;(4) Exercise any other rights or pursue any other remedies provided in the lease contract.(B) If a lessor fails to deliver the goods in conformity to the lease contract or repudiates the lease contract, the lessee also may do one of the following:(1) If the goods have been identified, recover them as provided in section 1310.68 of the Revised Code;(2) In a proper case, obtain specific performance or replevy the goods as provided in section 1310.67 of the Revised Code.(C) If a lessor is otherwise in default under a lease contract, the lessee may exercise the rights and pursue the remedies provided in the lease contract, which may include a right to cancel the lease, and in division (C) of section 1310.65 of the Revised Code.(D) If a lessor has breached an express or implied warranty, the lessee may recover damages as provided in division (D) of section 1310.65 of the Revised Code.(E) 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 section 1310.73 of the Revised Code.(F) Subject to section 1310.46 of the Revised Code, 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.
Ohio Rev Code § 1310.55 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1310 | Leases|Section 1310.55 | Lessee's Rights on Improper Delivery - Rightful Rejection - Ucc 2a-509.

Effective: November 6, 1992|Latest Legislation:  House Bill 693 - 119th General Assembly|(A) Subject to the provisions of section 1310.56 of the Revised Code on default in installment lease contracts, if the goods or the tender or delivery of the goods fail in any respect to conform to the lease contract, the lessee may reject or accept the goods or accept any commercial unit or units and reject the rest of the goods.(B) A rejection of goods is ineffective unless it is within a reasonable time after the tender or delivery of the goods, and the lessee seasonably notifies the lessor.
Ohio Rev Code § 1310.56 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1310 | Leases|Section 1310.56 | Installment Lease Contracts - Rejection and Default - Ucc 2a-510.

Effective: November 6, 1992|Latest Legislation:  House Bill 693 - 119th General Assembly|(A) Under an installment lease contract, a lessee may reject any delivery that is nonconforming if the nonconformity substantially impairs the value of that delivery and cannot be cured or the nonconformity is a defect in the required documents. If the nonconformity does not fall within division (B) of this section, and if the lessor or the supplier gives adequate assurance of its cure, the lessee must accept that delivery.(B) Whenever nonconformity or default with respect to one or more deliveries substantially impairs the value of the installment lease contract as a whole, there is a default with respect to the whole. The aggrieved party reinstates the installment lease contract as a whole if the aggrieved party accepts a nonconforming delivery without seasonably notifying of cancellation, brings an action with respect only to past deliveries, or demands performance as to future deliveries.
Ohio Rev Code § 1310.57 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1310 | Leases|Section 1310.57 | Merchant Lessee's Duties as to Rightfully Rejected Goods - Ucc 2a-511.

Effective: November 6, 1992|Latest Legislation:  House Bill 693 - 119th General Assembly|(A) Subject to any security interest of a lessee as provided in division (E) of section 1310.54 of the Revised Code, if a lessor or a supplier has no agent or place of business at the market of rejection, a merchant lessee, after rejection of goods in his possession or control, shall follow any reasonable instructions received from the lessor or the supplier with respect to the goods. In the absence of those instructions, a merchant lessee shall make reasonable efforts to sell, lease, or otherwise dispose of the goods for the lessor's account if they threaten to decline in value speedily. Instructions are not reasonable if on demand indemnity for expenses is not forthcoming.(B) If a merchant lessee, as provided in division (A) of this section, or any other lessee, as provided in section 1310.58 of the Revised Code, disposes of goods, he is entitled to reimbursement either from the lessor or the supplier or out of the proceeds for the reasonable expenses of caring for and disposing of the goods and, if the expenses include no disposition commission, to the commission that is usual in the trade or, if there is none, to a reasonable sum not exceeding ten per cent of the gross proceeds.(C) In complying with this section or section 1310.58 of the Revised Code, the lessee is held only to good faith. Good faith conduct is neither acceptance or conversion nor the basis of an action for damages.(D) A purchaser who purchases in good faith from a lessee pursuant to this section or section 1310.58 of the Revised Code takes the goods free of any rights of the lessor and the supplier even though the lessee fails to comply with one or more of the requirements of sections 1310.01 to 1310.78 of the Revised Code.
Ohio Rev Code § 1310.58 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1310 | Leases|Section 1310.58 | Lessee's Duties as to Rightfully Rejected Goods - Ucc 2a-512.

Effective: November 6, 1992|Latest Legislation:  House Bill 693 - 119th General Assembly|(A) Except as otherwise provided in section 1310.57 of the Revised Code with respect to goods that threaten to decline in value speedily and subject to any security interest of a lessee as provided in division (E) of section 1310.54 of the Revised Code, the following apply:(1) The lessee, after rejection of goods in the lessee's possession, shall hold them with reasonable care at the lessor's or supplier's disposition for a reasonable time after the lessee's seasonable notification of rejection.(2) If the lessor or the supplier gives no instructions within a reasonable time after notification of rejection, the lessee may store the rejected goods for the lessor's or supplier's account, ship them to the lessor or supplier, or dispose of them for the lessor's or supplier's account with reimbursement in the manner provided in section 1310.57 of the Revised Code.(3) The lessee has no obligations other than those described in divisions (A)(1) and (2) of this section with regard to goods rightfully rejected.(B) Action by the lessee pursuant to division (A) of this section is not acceptance or conversion.
Ohio Rev Code § 1310.59 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1310 | Leases|Section 1310.59 | Cure by Lessor of Improper Tender or Delivery - Replacement - Ucc 2a-513.

Effective: November 6, 1992|Latest Legislation:  House Bill 693 - 119th General Assembly|(A) If any tender or delivery by the lessor or supplier is rejected because it is nonconforming and if the time for performance has not yet expired, the lessor or supplier seasonably may notify the lessee of the lessor's or supplier's intention to cure and then may make a conforming delivery within the time provided in the lease contract.(B) If the lessee rejects a nonconforming tender that the lessor or supplier had reasonable grounds to believe would be acceptable with or without money allowance, the lessor or supplier may have a further reasonable time to substitute a conforming tender if he seasonably notifies the lessee.
Ohio Rev Code § 1310.60 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1310 | Leases|Section 1310.60 | Waiver of Lessee's Objections - Ucc 2a-514.

Effective: June 29, 2011|Latest Legislation:  House Bill 9 - 129th General Assembly|(A) In rejecting goods, a lessee's failure to state a particular defect that is ascertainable by reasonable inspection precludes the lessee from relying on the defect to justify rejection or to establish default if either of the following applies: (1) The lessor or supplier could have cured the defect as provided in section 1310.59 of the Revised Code if the defect had been stated seasonably; (2) Between merchants, the lessor or supplier, after the rejection of the goods, made a request in writing for a full and final written statement of all defects on which the lessee proposes to rely.(B) A lessee's failure to reserve rights when paying rent or other consideration against documents precludes recovery of the payment for defects apparent in the documents.