Replevin
Statutes
"(b) Available rights and remedies.--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 division and, except as limited by this division, as provided in the lease agreement. (c) Methods of enforcement of contract.--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 division. (13 Pa.C.S.A. § 2A501)
13 Pa.C.S.A. § 2A521, pertaining specifically to replevin, states:
(a) Specific performance.--Specific performance may be decreed if the goods are unique or in other proper circumstances. (b) Terms and conditions of decree for specific performance.--A decree for specific performance may include any terms and conditions as to payment of the rent, damages or other relief that the court deems just. (c) Replevin or other similar remedy.--A lessee has a right of replevin, detinue, sequestration, claim and delivery, or the like for goods identified to the lease contract if after reasonable effort the lessee is unable to effect cover for those goods or the circumstances reasonably indicate that the effort will be unavailing."
Cases
Comments
The lessor also has the right to render the leased goods unusable or to dispose of the goods on the lessee's premises if the lessor does not exercise its removal rights. 13 Pa.C.S.A. § 2A525.
Contributors
The statutory information was edited and reviewed with the support of MultiState