Com. Code, § 10527 · Article 3. Default by Lessee
Com. Code, § 10527
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) After a default by a lessee under the lease contract of the type described in subdivision (a) of, or paragraph (1) of subdivision (c) of, Section 10523 or after the lessor refuses to deliver or takes possession of goods (Section 10525 or 10526), 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.
(b) Except as otherwise provided with respect to damages liquidated in the lease agreement (Section 10504) or otherwise determined pursuant to agreement of the parties (Sections 1302 and 10503), 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 (1) accrued and unpaid rent as of the date of the commencement of the term of the new lease agreement, (2) the present value, as of the same date, 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) any incidental damages allowed under Section 10530, less expenses saved in consequence of the lessee’s default.
(c) If the lessor’s disposition is by lease agreement that for any reason does not qualify for treatment under subdivision (b), or is by sale or otherwise, the lessor may recover from the lessee as if the lessor had elected not to dispose of the goods and Section 10528 governs.
(d) 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 division.
(e) 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 (subdivision (e) of Section 10508).
Notes and commentary — not statutory text
History
Amended by Stats. 2006, Ch. 254, Sec. 71. Effective January 1, 2007.
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=10527.
- Text hash
- sha256 179a14f1da036338cbe3cedf6c72cd5e97668797ba63b00a86dc68b854099dfb
- 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, § 1302Printed as Sections 1302 and 10503
- Com. Code, § 10503Printed as Sections 1302 and 10503
- Com. Code, § 10504Printed as Section 10504
- Com. Code, § 10508Printed as Section 10508
- Com. Code, § 10523Printed as Section 10523
- Com. Code, § 10525Printed as Section 10525 or 10526
- Com. Code, § 10526Printed as Section 10525 or 10526
- Com. Code, § 10528Printed as Section 10528
- Com. Code, § 10530Printed as Section 10530
Cited by 7 provisions
Provisions in this library whose text cites Com. Code, § 10527. Each shows the citation as that text prints it.
Commercial Code
- Com. Code, § 10304Printed as Section 10527
- Com. Code, § 10508Printed as Section 10527
- Com. Code, § 10523Printed as Section 10527
- Com. Code, § 10524Printed as Section 10527
- Com. Code, § 10525Printed as Section 10527
- Com. Code, § 10528Printed as Section 10527
- Com. Code, § 10529Printed as Section 10527 or 10528
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.