Idaho State Statutes - Idaho Attorney Directory

(1) If a lessor fails to deliver the goods
in conformity to the lease contract (section 28-12-509) or repudiates the
lease contract (section 28-12-402), or a lessee rightfully rejects the goods
(section 28-12-509) or justifiably revokes acceptance of the goods (section
28-12-517), 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 28-12-510), the lessor is in
default under the lease contract and the lessee may:
(a) Cancel the lease contract (section 28-12-505(1));
(b) Recover so much of the rent and security as has been paid and is just
under the circumstances;
(c) Cover and recover damages as to all goods affected whether or not
they have been identified to the lease contract (sections 28-12-518 and
28-12-520), or recover damages for nondelivery (sections 28-12-519 and
28-12-520);
(d) Exercise any other rights or pursue any other remedies provided in
the lease contract.
(2) If a lessor fails to deliver the goods in conformity to the lease
contract or repudiates the lease contract, the lessee may also:
(a) If the goods have been identified, recover them (section 28-12-522);
or
(b) In a proper case, obtain specific performance or replevy the goods
(section 28-12-521).
(3) 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 28-12-519(3).
(4) If a lessor has breached a warranty, whether express or implied, the
lessee may recover damages (section 28-12-519(4)).
(5) On rightful rejection or justifiable revocation of 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 28-12-527(5).
(6) Subject to the provisions of section 28-12-407, a lessee, on
notifying the lessor of the lessee's intention to do so, may deduct all or any
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.

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