Chapter 3Effect of Lease Contract
Section § 10301
This law says that a lease agreement is legally binding and must be followed by everyone involved, anyone buying the leased goods, and even by creditors. That means the terms of the lease apply to all these parties unless there’s a specific rule in this division that says otherwise.
Section § 10302
This section says that the rules in this set of laws apply no matter who owns or possesses the leased goods. This is true even if other laws say that having or not having the goods is considered fraudulent.
Section § 10303
This section of the law discusses what happens when there's a transfer of rights or duties under a lease contract. If a lease agreement says you can't transfer your lease or if doing so is considered a default, that transfer might still go through, but there could be consequences. However, certain provisions preventing such transfers may not be enforceable. If a transfer happens that isn't allowed or changes the deal in a major way for the other party, the original party might have to pay damages or face other legal actions. If someone transfers their lease rights, they are also passing on any related duties, and the new person has to agree to perform them. But the original person isn't off the hook unless the lease specifically says otherwise. In consumer leases, any prohibition on transfers or making it a default must be very clear and easy to read.
Section § 10304
This law explains the rights of someone who leases goods from a person who already leased those goods to someone else. If you lease from a lessor who has the right to transfer that lease, you get the same rights they had under the original lease. However, you are still subject to the terms of that original lease unless you lease in the ordinary course of business from a merchant, in which case you might get more rights. In particular cases, like if the original transfer involved deceit or fraud, the lessor can still transfer rights. If the goods are covered by a certificate of title, your rights are limited by both this law and the certificate of title.
Section § 10305
Section § 10306
This law states that if someone provides services or materials for leased goods as part of their business, they can have a lien, which is a legal claim, on those goods. This lien has priority over the rights of the person leasing out the goods or the person renting them unless there's a specific law saying otherwise. Essentially, the service provider's right to claim payment for their services comes before the rights of the people in the lease unless a law specifies differently.
Section § 10307
This law section explains how creditors and lease contracts interact. If you are a creditor of someone who is leasing (a lessee), you have to respect the lease agreement. Similarly, a creditor of someone who owns the goods being leased (a lessor) must respect the lease contract unless they have a lien—essentially a right to the property—that was applied before the lease was enforceable. Finally, if you're leasing something, you should know that your lease can be subject to any existing security interests the lessor's creditor has on those goods. Exceptions are mentioned in other specific sections.
Section § 10308
This law explains that if a lessor (someone leasing out goods) keeps possession of the goods in a way that is deemed fraudulent under any law, creditors can consider the lease void. However, if the lessor retains possession in good faith and it aligns with trade practices, it is not fraudulent. Similarly, if a lease or sale looks like a fraudulent transfer, creditors' rights remain protected. A seller retaining goods appears fraudulent unless the goods are part of a legitimate lease with the buyer acting in good faith and with proper compensation.
Section § 10309
This section explains how goods that become part of real estate, called "fixtures," are dealt with under the law. It defines key terms like "fixture filing" (a filing for goods to become part of real estate), "purchase money lease" (a lease where the lessee doesn't control the goods before the agreement is enforceable), and "construction mortgage" (a mortgage covering construction on land). The law says that leases can apply to fixtures but not to ordinary building materials used in land improvement. If a lessor's interest in fixtures has priority, they may remove them upon lease termination, but they must compensate for any physical damage to the property. Priority rules govern how a lessor's interest stacks up against other property claims, with specifics on when lessors or owners have stronger rights.
Section § 10310
The law explains what happens when goods (like parts or components) are attached to other goods. These are considered "accessions." It outlines rules about who has more rights over the goods depending on when a lease was made, either before or after the goods became accessions. Lessor or lessee rights can be stronger than others, unless affected by specific conditions, like existing interests or buyers in the ordinary course of business. If a lessor’s or lessee’s rights are superior, they might remove the goods when a lease ends but must cover some repair costs. People with interests in the whole can demand security before removal of goods.
Section § 10311
This section means that even if someone has the right to be paid first in a financial or legal situation, they can choose to let others get paid before them if they agree to it.