Com. Code, § 10508 · Article 2. Default by Lessor
Com. Code, § 10508
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) If a lessor fails to deliver the goods in conformity to the lease contract (Section 10509) or repudiates the lease contract (Section 10402), or a lessee rightfully rejects the goods (Section 10509) or justifiably revokes acceptance of the goods (Section 10517), 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 (Section 10510), the lessor is in default under the lease contract and the lessee may:
(1) Cancel the lease contract (subdivision (a) of Section 10505);
(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 (Sections 10518 and 10520), or recover damages for nondelivery (Sections 10519 and 10520);
(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 may also:
(1) If the goods have been identified, recover them (Section 10522); or
(2) In a proper case, obtain specific performance or replevy the goods (Section 10521).
(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 subdivision (c) of Section 10519.
(d) If a lessor has breached a warranty, whether express or implied, the lessee may recover damages(subdivision (d) of Section 10519).
(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 subdivision (e) of Section 10527.
(f) Subject to the provisions of Section 10407, 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.
Notes and commentary — not statutory text
History
Amended by Stats. 1991, Ch. 111, Sec. 46. Effective July 15, 1991.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=COM§ionNum=10508.
- Text hash
- sha256 e28232c12f5824ceae8dc47e2d25d866eb1abaa1041e2691f3383a469a0c8d48
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Commercial Code
- Com. Code, § 10402Printed as Section 10402
- Com. Code, § 10407Printed as Section 10407
- Com. Code, § 10505Printed as Section 10505
- Com. Code, § 10509Printed as Section 10509
- Com. Code, § 10510Printed as Section 10510
- Com. Code, § 10517Printed as Section 10517
- Com. Code, § 10518Printed as Sections 10518 and 10520
- Com. Code, § 10519Printed as Section 10519 | Sections 10519 and 10520
- Com. Code, § 10520Printed as Sections 10518 and 10520 | Sections 10519 and 10520
- Com. Code, § 10521Printed as Section 10521
- Com. Code, § 10522Printed as Section 10522
- Com. Code, § 10527Printed as Section 10527
Cited by 9 provisions
Provisions in this library whose text cites Com. Code, § 10508. Each shows the citation as that text prints it.
Commercial Code
- Com. Code, § 9102Printed as Section 10508
- Com. Code, § 9109Printed as Section 10508
- Com. Code, § 9110Printed as Section 10508
- Com. Code, § 9309Printed as Section 10508
- Com. Code, § 9325Printed as Section 10508
- Com. Code, § 10511Printed as Section 10508
- Com. Code, § 10512Printed as Section 10508
- Com. Code, § 10518Printed as Section 10508
- Com. Code, § 10527Printed as Section 10508
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.