{"data":{"id":"us-ky/krs-355.2a-528","jurisdiction":"us-ky","citation":"KRS 355.2A-528","heading":"Lessor's damages for nonacceptance, failure to pay repudiation, or","body":"other default.\n(1) Except as otherwise provided with respect to damages liquidated in the lease\nagreement (KRS 355.2A-504) or otherwise determined pursuant to agreement of the\nparties (KRS 355.1-302 and 355.2A-503), if a lessor elects to retain the goods or a\nlessor elects to dispose of the goods and the disposition is by lease agreement that\nfor any reason does not qualify for treatment under KRS 355.2A -527(2), or is by\nsale or otherwise, the lessor may recover from the lessee as damages for a default of\nthe type described in KRS 355.2A -523(1) or 355.2A -523(3)(a), or, if agreed, for\nother default by the lessee:\n(a) Accrued and unpaid rent as of the date of default if the lessee has n ever taken\npossession of the goods, or, if the lessee has taken possession of the goods, as\nof the date the lessor repossesses the goods or an earlier date on which the\nlessee makes a tender of the goods to the lessor;\n(b) The present value as of the date determined under clause (a) of the total rent\nfor the then remaining lease term of the original lease agreement minus the\npresent value as of the same date of the market rent at the place where the\ngoods are located computed for the same lease term; and\n(c) Any incidental damages allowed under KRS 355.2A-530, less expenses saved\nin consequence of the lessee's default.\n(2) If the measure of damages provided in subsection (1) of this section is inadequate to\nput a lessor in as good a position as performance w ould have, the measure of\ndamages is the present value of the profit, including reasonable overhead, the lessor\nwould have made from full performance by the lessee, together with any incidental\ndamages allowed under KRS 355.2A -530, due allowance for costs reasonably\nincurred and due credit for payments or proceeds of disposition.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=33424","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:43Z","sha256":"eb15b99accc4ec77e16cd4a1a06583a8d99ccfa99066cc81711fbca7634b71fb","source_id":"us-ky","stale":false,"prev":"us-ky/krs-355.2a-527","next":"us-ky/krs-355.2a-529"},"notice":"GroundRules: Original legal text. Not legal advice."}