§ 680.528, Fla. Stat. · Part V. DEFAULT
Lessor’s damages for nonacceptance or repudiation.
Text — 2026 Florida Statutes
(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.
(c) Any incidental damages allowed under s. 680.53, less expenses saved in consequence of the lessee’s default.
(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.
Notes and commentary — not statutory text
History
s. 1, ch. 90-278; s. 44, ch. 98-11; s. 30, ch. 2007-134; s. 88, ch. 2015-2.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0680/0680.html
- Text hash
- sha256 7a2161012381cd111e7908e2488a40f947b59f846d82d87f58b58a26f53c838a
- Composed by
- compose_v2.py 2026-10-04: the Legislature's structured HTML read in document order; verify_v2.py's independent reading agrees character for character
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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.
The Florida Statutes
- § 671.102, Fla. Stat.Purposes; rules of construction; variation by agreement.Printed as ss. 671.102(2) and 680.503
- § 680.503, Fla. Stat.Modification or impairment of rights and remedies.Printed as ss. 671.102(2) and 680.503
- § 680.504, Fla. Stat.Liquidation of damages.Printed as s. 680.504
- § 680.523, Fla. Stat.Lessor’s remedies.Printed as s. 680.523(1)
Cited by 4 provisions
Provisions in this library whose text cites § 680.528, Fla. Stat.. Each shows the citation as that text prints it.
The Florida Statutes
- § 680.507, Fla. Stat.Proof of market rent; time and place.Printed as s. 680.528
- § 680.523, Fla. Stat.Lessor’s remedies.Printed as s. 680.528
- § 680.527, Fla. Stat.Lessor’s rights to dispose of goods.Printed as s. 680.528
- § 680.529, Fla. Stat.Lessor’s action for the rent.Printed as s. 680.528; ss. 680.527 and 680.528
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.