Tex. Bus. & Com. Code § 2A.523 · Subchapter E. DEFAULT
LESSOR'S REMEDIES.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) If a lessee wrongfully rejects or revokes acceptance of goods or fails to make a payment when due or repudiates with respect to a part or the whole, 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 2A.510), the lessee is in default under the lease contract and the lessor may:
(1) cancel the lease contract (Section 2A.505(a));
(2) proceed respecting goods not identified to the lease contract (Section 2A.524);
(3) withhold delivery of the goods and take possession of goods previously delivered (Section 2A.525);
(4) stop delivery of the goods by any bailee (Section 2A.526);
(5) dispose of the goods and recover damages (Section 2A.527), or retain the goods and recover damages (Section 2A.528), or in a proper case recover rent (Section 2A.529); or
(6) exercise any other rights or pursue any other remedies provided in the lease contract.
(b) If a lessor does not fully exercise a right or obtain a remedy to which the lessor is entitled under Subsection (a), the lessor may recover the loss resulting in the ordinary course of events from the lessee's default as determined in any reasonable manner, together with incidental damages, less expenses saved in consequence of the lessee's default.
(c) If a lessee is otherwise in default under a lease contract, the lessor may exercise the rights and pursue the remedies provided in the lease contract, which may include a right to cancel the lease. In addition, unless otherwise provided in the lease contract:
(1) if the default substantially impairs the value of the lease contract to the lessor, the lessor may exercise the rights and pursue the remedies provided by Subsection (a) or (b); or
(2) if the default does not substantially impair the value of the lease contract to the lessor, the lessor may recover as provided by Subsection (b).
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 4b14a023756d18586b1ca7a489116b4a624dc4dd5f2074d2bd476979e2cc1004
- 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.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.510INSTALLMENT LEASE CONTRACTS: REJECTION AND DEFAULT.Printed as Section 2A.510
- Tex. Bus. & Com. Code § 2A.524LESSOR'S RIGHT TO IDENTIFY GOODS TO LEASE CONTRACT.Printed as Section 2A.524
- Tex. Bus. & Com. Code § 2A.525LESSOR'S RIGHT TO POSSESSION OF GOODS.Printed as Section 2A.525
- Tex. Bus. & Com. Code § 2A.526LESSOR'S STOPPAGE OF DELIVERY IN TRANSIT OR OTHERWISE.Printed as Section 2A.526
- Tex. Bus. & Com. Code § 2A.527LESSOR'S RIGHTS TO DISPOSE OF GOODS.Printed as Section 2A.527
- Tex. Bus. & Com. Code § 2A.528LESSOR'S DAMAGES FOR NONACCEPTANCE, FAILURE TO PAY, REPUDIATION, OR OTHER DEFAULT.Printed as Section 2A.528
- Tex. Bus. & Com. Code § 2A.529LESSOR'S ACTION FOR THE RENT.Printed as Section 2A.529
Cited by 5 provisions
Provisions in this library whose text cites Tex. Bus. & Com. Code § 2A.523. Each shows the citation as that text prints it.
Business & Commerce Code
- Tex. Bus. & Com. Code § 2A.524LESSOR'S RIGHT TO IDENTIFY GOODS TO LEASE CONTRACT.Printed as Section 2A.523(a)
- Tex. Bus. & Com. Code § 2A.525LESSOR'S RIGHT TO POSSESSION OF GOODS.Printed as Section 2A.523(a)
- Tex. Bus. & Com. Code § 2A.527LESSOR'S RIGHTS TO DISPOSE OF GOODS.Printed as Section 2A.523(a)
- Tex. Bus. & Com. Code § 2A.528LESSOR'S DAMAGES FOR NONACCEPTANCE, FAILURE TO PAY, REPUDIATION, OR OTHER DEFAULT.Printed as Section 2A.523(a)
- Tex. Bus. & Com. Code § 2A.529LESSOR'S ACTION FOR THE RENT.Printed as Section 2A.523(a)
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.