Wisconsin Code § 411.529

Lessor’s action for the rent
Open in Lexace · Ask the AI about this section
(1) After default
by the lessee under the lease contract of the type described in s.
411.523 (1) or (3) (a) or, if agreed, after other default by the
lessee, if the lessor complies with sub. (2), all of the following
apply:
(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, the lessor may recover from the lessee as damages accrued and unpaid rent as of the date of entry of judgment in favor
of the lessor, the present value as of the same date of the rent for
the then remaining lease term of the lease agreement, and any incidental damages allowed under s. 411.530, less expenses saved
in consequence of the lessee’s default.
(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 that effort will
be unavailing, the lessor may recover from the lessee as damages
accrued and unpaid rent as of the date of entry of judgment in fa-

vor of the lessor, the present value as of the same date of the rent
for the then remaining lease term of the lease agreement, and any
incidental damages allowed under s. 411.530, less expenses saved
in consequence of the lessee’s default.
(2) Except as provided in sub. (3), 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 under sub. (1).
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 s. 411.527 or 411.528, 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 under s. 411.527 or 411.528.
(4) Payment of the judgment for damages obtained under sub.
(1) 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 s. 411.523 (1) or (3) (a) or, if agreed, after other
default by the lessee, a lessor who is held not entitled to rent under this section shall nevertheless be awarded damages for nonacceptance under s. 411.527 or 411.528.

‹ Prev All Wisconsin sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.