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(810 ILCS 5/Art.
2A Pt. 5 Sub. A heading)
A.
In General
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(810 ILCS 5/2A-501) (from Ch. 26,
par. 2A-501)
Sec. 2A-501. Default; procedure.
(1) Whether the lessor or the lessee
is in default under a lease contract is determined by the lease
agreement and this Article.
(2) If the lessor or the lessee
is in default under the lease contract, the party seeking enforcement
has rights and remedies as provided in this Article and, except
as limited by this Article, as provided in the lease agreement.
(3) If the lessor or the lessee
is in default under the lease contract, the party seeking enforcement
may reduce the party's claim to judgment, or otherwise enforce
the lease contract by self-help or any available judicial
procedure or nonjudicial procedure, including administrative
proceeding, arbitration, or the like, in accordance with this
Article.
(4) Except as otherwise provided
in Section 1-106(1) or this Article or the lease agreement,
the rights and remedies referred to in subsections (2) and (3)
are cumulative.
(5) If the lease agreement covers
both real property and goods, the party seeking enforcement may
proceed under this Part as to the goods, or under other applicable
law as to both the real property and the goods in accordance
with that party's rights and remedies in respect of the real
property, in which case this Part does not apply.
(Source: P.A. 87-493.)
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(810 ILCS 5/2A-502) (from Ch. 26,
par. 2A-502)
Sec. 2A-502. Notice after
default. Except as otherwise provided in this Article or the
lease agreement, the lessor or lessee in default under the
lease contract is not entitled to notice of default or notice
of enforcement from the other party to the lease agreement.
(Source: P.A. 87-493.)
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(810 ILCS 5/2A-503) (from Ch. 26, par. 2A-503)
Sec. 2A-503. Modification
or impairment of rights and remedies.
(1) Except as otherwise provided
in this Article, the lease agreement may include rights and remedies
for default in addition to or in substitution for those provided
in this Article and may limit or alter the measure of damages
recoverable under this Article.
(2) Resort to a remedy provided
under this Article or in the lease agreement is optional unless
the remedy is expressly agreed to be exclusive. If circumstances
cause an exclusive or limited remedy to fail of its essential
purpose, or provision for an exclusive remedy is unconscionable,
remedy may be had as provided in this Article.
(3) Consequential damages may be
liquidated under Section 2A-504, or may otherwise be limited,
altered, or excluded unless the limitation, alteration, or exclusion
is unconscionable. Limitation, alteration, or exclusion of consequential
damages for injury to the person in the case of consumer goods
is prima facie unconscionable but limitation, alteration, or
exclusion of damages where the loss is commercial is not prima
facie unconscionable.
(4) Rights and remedies on default
by the lessor or the lessee with respect to any obligation or
promise collateral or ancillary to the lease contract are not
impaired by this Article.
(Source: P.A. 87-493.)
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(810 ILCS 5/2A-504) (from Ch. 26, par. 2A-504)
Sec. 2A-504. Liquidation
of damages.
(1) Damages payable by either party
for default, or any other act or omission, including indemnity
for loss or diminution of anticipated tax benefits or loss or
damage to lessor's residual interest, may be liquidated in the
lease agreement but only at an amount or by a formula that is
reasonable in light of the then anticipated harm caused by the
default or other act or omission.
(2) If the lease agreement provides
for liquidation of damages, and such provision does not comply
with subsection (1), or such provision is an exclusive or limited
remedy that circumstances cause to fail of its essential purpose,
remedy may be had as provided in this Article.
(3) If the lessor justifiably withholds
or stops delivery of goods because of the lessee's default or
insolvency (Section 2A-525 or 2A-526), the lessee
is entitled to restitution of any amount by which the sum of
his or her payments exceeds:
(a) the
amount to which the lessor is entitled by
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virtue of terms liquidating the lessor's
damages in accordance with subsection (1); or
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(b)
in the absence of those terms, 20% of the then
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present value of the total rent the
lessee was obligated to pay for the balance of
the lease term, or, in the case of a consumer lease,
the lesser of such amount or $500.
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(4) A lessee's
right to restitution under subsection (3) is subject to
offset to the extent the lessor establishes:
(a) a right
to recover damages under the provisions
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of this Article other than subsection
(1); and
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(b)
the amount or value of any benefits received by
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the lessee directly or indirectly by
reason of the lease contract.
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(Source: P.A. 87-493.)
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(810 ILCS 5/2A-505) (from Ch. 26, par. 2A-505)
Sec. 2A-505. Cancellation
and termination and effect of cancellation, termination, rescission,
or fraud on rights and remedies.
(1) On cancellation of the lease
contract, all obligations that are still executory on both sides
are discharged, but any right based on prior default or performance
survives, and the cancelling party also retains any remedy for
default of the whole lease contract or any unperformed balance.
(2) On termination of the lease
contract, all obligations that are still executory on both sides
are discharged but any right based on prior default or performance
survives.
(3) Unless the contrary intention
clearly appears, expressions of "cancellation", "rescission",
or the like of the lease contract may not be construed as a renunciation
or discharge of any claim in damages for an antecedent default.
(4) Rights and remedies for material
misrepresentation or fraud include all rights and remedies available
under this Article for default.
(5) Neither rescission nor a claim
for rescission of the lease contract nor rejection or return
of the goods may bar or be deemed inconsistent with a claim for
damages or other right or remedy.
(Source: P.A. 87-493.)
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(810 ILCS 5/2A-506) (from Ch. 26, par. 2A-506)
Sec. 2A-506. Statute of limitations.
(1) An action for default under
a lease contract, including breach of warranty or indemnity,
must be commenced within 4 years after the cause of action accrued.
By the original lease contract the parties may reduce the period
of limitation to not less than one year.
(2) A cause of action for default
accrues when the act or omission on which the default or breach
of warranty is based is or should have been discovered by the
aggrieved party, or when the default occurs, whichever is later.
A cause of action for indemnity accrues when the act or omission
on which the claim for indemnity is based is or should have been
discovered by the indemnified party, whichever is later.
(3) If an action commenced within
the time limited by subsection (1) is so terminated as to leave
available a remedy by another action for the same default or
breach of warranty or indemnity, the other action may be commenced
after the expiration of the time limited and within 6 months
after the termination of the first action unless the termination
resulted from voluntary discontinuance or from dismissal for
failure or neglect to prosecute.
(4) This Section does not alter
the law on tolling of the statute of limitations nor does it
apply to causes of action that have accrued before this Article
becomes effective.
(Source: P.A. 87-493.)
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(810 ILCS 5/2A-507) (from Ch. 26,
par. 2A-507)
Sec. 2A-507. Proof of market
rent; time and place.
(1) Damages based on market rent
(Section 2A-519 or 2A-528) are determined according
to the rent for the use of the goods concerned for a lease term
identical to the remaining lease term of the original lease agreement
and prevailing at the times specified in Sections 2A-519
and 2A-528.
(2) If evidence of rent for the
use of the goods concerned for a lease term identical to the
remaining lease term of the original lease agreement and prevailing
at the times or places described in this Article is not readily
available, the rent prevailing within any reasonable time before
or after the time described or at any other place or for a different
lease term which in commercial judgment or under usage of trade
would serve as a reasonable substitute for the one described
may be used, making any proper allowance for the difference,
including the cost of transporting the goods to or from the other
place.
(3) Evidence of a relevant rent
prevailing at a time or place or for a lease term other than
the one described in this Article offered by one party is not
admissible unless and until he or she has given the other party
notice the court finds sufficient to prevent unfair surprise.
(4) If the prevailing rent or value
of any goods regularly leased in any established market is in
issue, reports in official publications or trade journals or
in newspapers or periodicals of general circulation published
as the reports of that market are admissible in evidence. The
circumstances of the preparation of the report may be shown to
affect its weight but not its admissibility.
(Source: P.A. 87-493.)
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