Idaho State Statutes - Idaho Attorney Directory

(1) After default by the lessee
under the lease contract of the type described in section 28-12-523(1) or
28-12-523(3)(a) or, if agreed, after other default by the lessee, if the
lessor complies with the provisions of subsection (2) of this section, the
lessor may recover from the lessee as damages:
(a) For goods accepted by the lessee and not repossessed by or tendered
to the lessor, and for conforming goods lost or damaged within a
commercially reasonable time after risk of loss passes to the lessee
(section 28-12-219), (i) accrued and unpaid rent as of the date of entry
of judgment in favor of the lessor, (ii) the present value as of the same
date of the rent for the then remaining lease term of the lease
agreement, and (iii) any incidental damages allowed under
section 28-12-530, less expenses saved in consequence of the lessee's
default; and
(b) For goods identified to the lease contract if the lessor is unable
after reasonable effort to dispose of them at a reasonable price or the
circumstances reasonably indicate that effort will be unavailing,
(i) accrued and unpaid rent as of the date of entry of judgment in favor
of the lessor, (ii) the present value as of the same date of the rent for
the then remaining lease term of the lease agreement, and (iii) any
incidental damages allowed under section 28-12-530, less expenses saved in
consequence of the lessee's default.
(2) Except as provided in subsection (3) of this section, the lessor
shall hold for the lessee for the remaining lease term of the lease agreement
any goods that have been identified to the lease contract and are in the
lessor's control.
(3) The lessor may dispose of the goods at any time before collection of
the judgment for damages obtained pursuant to the provisions of subsection (1)
of this section. If the disposition is before the end of the remaining lease
term of the lease agreement, the lessor's recovery against the lessee for
damages is governed by section 28-12-527 or 28-12-528, and the lessor will
cause an appropriate credit to be provided against a judgment for damages to
the extent that the amount of the judgment exceeds the recovery available
pursuant to section 28-12-527 or 28-12-528.
(4) Payment of the judgment for damages obtained pursuant to the
provisions of subsection (1) of this section entitles the lessee to the use
and possession of the goods not then disposed of for the remaining lease term
of and in accordance with the lease agreement.
(5) After default by the lessee under the lease contract of the type
described in section 28-12-523(1) or section 28-12-523(3)(a) or, if agreed,
after other default by the lessee, a lessor who is held not entitled to rent
under this section must nevertheless be awarded damages for nonacceptance
under section 28-12-527 or section 28-12-528.

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