Idaho State Statutes - Idaho Attorney Directory

(1) 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 28-12-510), the lessee is in default under the lease contract and the
lessor may:
(a) Cancel the lease contract (section 28-12-505(1));
(b) Proceed respecting goods not identified to the lease contract
(section 28-12-524);
(c) Withhold delivery of the goods and take possession of goods
previously delivered (section 28-12-525);
(d) Stop delivery of the goods by any bailee (section 28-12-526);
(e) Dispose of the goods and recover damages (section 28-12-527), or
retain the goods and recover damages (section 28-12-528), or in a proper
case recover rent (section 28-12-529);
(f) Exercise any other rights or pursue any other remedies provided in
the lease contract.
(2) If a lessor does not fully exercise a right or obtain a remedy to
which the lessor is entitled under the provisions of subsection (1) of this
section, 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.
(3) 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:
(a) 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 in subsection (1) or (2) of this section; or
(b) If the default does not substantially impair the value of the lease
contract to the lessor, the lessor may recover as provided in subsection
(2) of this section.

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