Tex. Bus. & Com. Code § 2A.508 · Subchapter E. DEFAULT
LESSEE'S REMEDIES.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) If a lessor fails to deliver the goods in conformity to the lease contract (Section 2A.509) or repudiates the lease contract (Section 2A.402), or a lessee rightfully rejects the goods (Section 2A.509) or justifiably revokes acceptance of the goods (Section 2A.517), then with respect to any goods involved, and with respect to all of the goods if under an installment lease contract and the value of the whole lease contract is substantially impaired (Section 2A.510), the lessor is in default under the lease contract and the lessee may:
(1) cancel the lease contract (Section 2A.505(a));
(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 2A.518 and 2A.520), or recover damages for nondelivery (Sections 2A.519 and 2A.520); or
(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 2A.522); or
(2) in a proper case, obtain specific performance, replevin, detinue, sequestration, claim and delivery, or the like for the goods (Section 2A.521).
(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 Section 2A.519(c).
(d) If a lessor has breached a warranty, whether express or implied, the lessee may recover damages (Section 2A.519(d)).
(e) On rightful rejection or justifiable revocation or 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 2A.527(e).
(f) Subject to the provisions of Section 2A.407, a lessee, on notifying the lessor of the lessee's intention to do so, may deduct all or 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
Added by Acts 1993, 73rd Leg., ch. 570, Sec. 1, eff. Sept. 1, 1993.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/BC/htm/BC.2A.htm
- Text hash
- sha256 51ddf95e2c575868c99d07b8f4393a93af0c9e655056f4c2cbfe738ed21307fc
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
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.
Business & Commerce Code
- Tex. Bus. & Com. Code § 2A.402ANTICIPATORY REPUDIATION.Printed as Section 2A.402
- Tex. Bus. & Com. Code § 2A.407IRREVOCABLE PROMISES: FINANCE LEASES.Printed as Section 2A.407
- Tex. Bus. & Com. Code § 2A.505CANCELLATION AND TERMINATION AND EFFECT OF CANCELLATION, TERMINATION, RESCISSION, OR FRAUD ON RIGHTS AND REMEDIES.Printed as Section 2A.505(a)
- Tex. Bus. & Com. Code § 2A.509LESSEE'S RIGHTS ON IMPROPER DELIVERY; RIGHTFUL REJECTION.Printed as Section 2A.509
- Tex. Bus. & Com. Code § 2A.510INSTALLMENT LEASE CONTRACTS: REJECTION AND DEFAULT.Printed as Section 2A.510
- Tex. Bus. & Com. Code § 2A.517REVOCATION OF ACCEPTANCE OF GOODS.Printed as Section 2A.517
- Tex. Bus. & Com. Code § 2A.518COVER; SUBSTITUTE GOODS.Printed as Sections 2A.518 and 2A.520
- Tex. Bus. & Com. Code § 2A.519LESSEE'S DAMAGES FOR NONDELIVERY, REPUDIATION, DEFAULT, AND BREACH OF WARRANTY IN REGARD TO ACCEPTED GOODS.Printed as Section 2A.519(c) | Section 2A.519(d) | Sections 2A.519 and 2A.520
- Tex. Bus. & Com. Code § 2A.520LESSEE'S INCIDENTAL AND CONSEQUENTIAL DAMAGES.Printed as Sections 2A.518 and 2A.520 | Sections 2A.519 and 2A.520
- Tex. Bus. & Com. Code § 2A.521LESSEE'S RIGHT TO SPECIFIC PERFORMANCE, REPLEVIN, AND OTHER REMEDIES.Printed as Section 2A.521
- Tex. Bus. & Com. Code § 2A.522LESSEE'S RIGHT TO GOODS ON LESSOR'S INSOLVENCY.Printed as Section 2A.522
- Tex. Bus. & Com. Code § 2A.527LESSOR'S RIGHTS TO DISPOSE OF GOODS.Printed as Section 2A.527(e)
Cited by 12 provisions
Provisions in this library whose text cites Tex. Bus. & Com. Code § 2A.508. Each shows the citation as that text prints it.
Business & Commerce Code
- Tex. Bus. & Com. Code § 2A.511MERCHANT LESSEE'S DUTIES AS TO RIGHTFULLY REJECTED GOODS.Printed as Section 2A.508(e)
- Tex. Bus. & Com. Code § 2A.512LESSEE'S DUTIES AS TO RIGHTFULLY REJECTED GOODS.Printed as Section 2A.508(e)
- Tex. Bus. & Com. Code § 2A.518COVER; SUBSTITUTE GOODS.Printed as Section 2A.508(a)
- Tex. Bus. & Com. Code § 2A.527LESSOR'S RIGHTS TO DISPOSE OF GOODS.Printed as Section 2A.508(e)
- Tex. Bus. & Com. Code § 9.102DEFINITIONS AND INDEX OF DEFINITIONS.Printed as Section 2.401, 2.505, 2.711(c), 2A.508(e), 4.210, or 5.118
- Tex. Bus. & Com. Code § 9.109SCOPE.Printed as Section 2.401, 2.505, 2.711(c), or 2A.508(e)
- Tex. Bus. & Com. Code § 9.110SECURITY INTERESTS ARISING UNDER CHAPTER 2 OR 2A.Printed as Section 2.401, 2.505, 2.711(c), or 2A.508(e)
- Tex. Bus. & Com. Code § 9.309SECURITY INTEREST PERFECTED UPON ATTACHMENT.Printed as Section 2.401, 2.505, 2.711(c), or 2A.508(e)
- Tex. Bus. & Com. Code § 9.325PRIORITY OF SECURITY INTERESTS IN TRANSFERRED COLLATERAL.Printed as Section 2.711(c) or 2A.508(e)
Parks and Wildlife Code
- Tex. Parks & Wild. Code § 31.003DEFINITIONS.Printed as Section 2.401, 2.505, 2.711(c), or 2A.508(e), Business & Commerce Code
- Tex. Parks & Wild. Code § 31.0445DEFINITIONS.Printed as Section 2.401, 2.505, 2.711(c), or 2A.508(e), Business & Commerce Code
- Tex. Parks & Wild. Code § 31.0569PERFECTION OF SECURITY INTEREST.Printed as Section 2.401, 2.505, 2.711(c), or 2A.508(e), Business & Commerce Code
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.