Ohio Revised Code Search
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Section 1310.72 | Lessor's stoppage of delivery in transit or otherwise - UCC 2A-526.
... rent, security, or otherwise under the lease contract, or for any other reason the lessor has a right to withhold or take possession of the goods. (B) In pursuing its remedies under division (A) of this section, the lessor may stop delivery until one of the following occurs: (1) Receipt of the goods by the lessee; (2) Acknowledgment to the lessee by any bailee of the goods, except a carrier, that the bailee... |
Section 1310.73 | Lessor's rights to dispose of goods - UCC 2A-527.
...greement is made in good faith and in a commercially reasonable manner, the lessor may recover from the lessee as damages all of the following: (1) Accrued and unpaid rent as of the date of the commencement of the term of the new lease agreement; (2) The present value, as of the same date, of the total rent for the then remaining lease term of the original lease agreement minus the present value, as of the sam... |
Section 1310.74 | Lessor's damages for non-acceptance, failure to pay, repudiation or other default - UCC 2A-528.
...h respect to damages liquidated in the lease agreement pursuant to section 1310.50 of the Revised Code or otherwise determined pursuant to the agreement of the parties as provided in section 1301.302 and section 1310.49 of the Revised Code, if a lessor elects to retain the goods or a lessor elects to dispose of the goods and the disposition is by lease agreement that for any reason does not qualify for treatme... |
Section 1310.75 | Lessor's action for rent - UCC 2A-529.
...nforming goods lost or damaged within a commercially reasonable time after risk of loss passes to the lessee as provided in section 1310.26 of the Revised Code, all of the following: (a) Accrued and unpaid rent as of the date of entry of judgment in favor of the lessor; (b) The present value as of the same date of the rent for the then remaining lease term of the lease agreement; (c) Any incidental damages allowed... |
Section 1310.76 | Lessor's incidental damages - UCC 2A-530.
...ages to an aggrieved lessor include any commercially reasonable charges, expenses, or commissions incurred in stopping delivery, in the transportation, care, and custody of goods after the lessee's default, in connection with the return or disposition of the goods, or otherwise in connection with the default. |
Section 1310.77 | Standing to sue third parties for injury to goods - UCC 2A-531.
...th goods that have been identified to a lease contract as to cause actionable injury to a party to the lease contract, the lessor has a right of action against the third party, and the lessee also has a right of action against the third party if the lessee has a security interest in the goods, has an insurable interest in the goods, or bears the risk of loss under the lease contract or has since the injury assumed th... |
Section 1310.78 | Lessor's rights to residual interest - UCC 2A-532.
...In addition to any other recovery permitted by sections 1310.01 to 1310.78 of the Revised Code or other law, the lessor may recover from the lessee an amount that will fully compensate the lessor for any loss of or damage to the lessor's residual interest in the goods caused by the default of the lessee. |
Section 1311.01 | Lien definitions.
...As used in sections 1311.01 to 1311.22 of the Revised Code: (A) "Owner," "part owner," or "lessee" includes all the interests either legal or equitable, which such person may have in the real estate upon which the improvements are made, including the interests held by any person under contracts of purchase, whether in writing or otherwise. (B) "Material supplier" includes any person by whom any materials are furnis... |
Section 1311.011 | Liens for home construction work.
...he affidavit in the same manner that releases of mortgages and other liens are indexed and recorded, and shall receive the same fees for indexing and recording the affidavit that are provided for the recording of leases. Nothing in this section shall adversely affect a mechanics' lien claimed against a prior owner if the lien is perfected prior to a conveyance under a home purchase contract. (2) If the origin... |
Section 1311.02 | Lien of subcontractor, laborer or materialman.
... or subsequently acquire in the land or leasehold to which the improvement was made or removed. |
Section 1311.021 | Lien for labor or work or materials upon oil or gas well or facilities.
...structing any oil derrick, oil tank, or leasehold production pipe line by virtue of a contract, express or implied, with the owner or part owner, or the owner's or part owner's authorized agent, of any oil and gas lease or leasehold estate or, in the event there is no lease or estate, any mineral estate, and every subcontractor, laborer, and material supplier who performs any labor or work or furnishes material to an... |
Section 1311.03 | Lien upon street, turnpike, road, sidewalk, way, drain, ditch or sewer.
...Any person who performs labor or work or furnishes material, for the construction, alteration, or repair of any street, turnpike, road, sidewalk, way, drain, ditch, or sewer by virtue of a private contract between the person and the owner, part owner, or lessee of lands upon which the same may be constructed, altered, or repaired, or of lands abutting thereon, or as subcontractor, laborer, or material supplier, perf... |
Section 1311.04 | Recording notice of commencement.
...(A)(1) Prior to the performance of any labor or work or the furnishing of any materials for an improvement on real property which may give rise to a mechanics' lien under sections 1311.01 to 1311.22 of the Revised Code, the owner, part owner, or lessee who contracts for the labor, work, or materials shall record in the office of the county recorder for each county in which the real property to be improved is located ... |
Section 1311.05 | Subcontractor or materialman to serve notice of furnishing.
...tractor from notice of commencement) Please take notice that the undersigned is performing certain labor or work or furnishing certain materials to ________________________________________________________________(name and address of other contracting party) _______________________ in connection with the improvement to the real property located at ________________________ The labor, work, or materials were performed... |
Section 1311.06 | Affidavit - time period for filing - contents.
...claims a lien on the land, building, or leasehold, of which ____________________ is or was the owner, part owner, or lessee, as the case may be, which property is described as follows: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ______________________________ ... |
Section 1311.07 | Copy of affidavit to be served on owner or lessee.
...Any person filing an affidavit pursuant to section 1311.06 of the Revised Code shall serve a copy of the affidavit on the owner, part owner, or lessee of the improved property or his designee, within thirty days after filing the affidavit. If the affidavit cannot be served in accordance with section 1311.19 of the Revised Code, then the person shall serve the copy by posting it in some conspicuous place on the premis... |
Section 1311.08 | Lien when improvement situated on same or contiguous or adjacent lots.
...Where an improvement consists of two or more buildings united together, situated on the same lot or upon contiguous or adjacent lots, or of separate buildings upon contiguous or adjacent lots, or where work or labor has been performed or material has been furnished for improvements which are located on separate tracts or parcels of land but operated as an entire plant or concern, and erected under one general contrac... |
Section 1311.09 | Lien when contracting person has no title to land improved.
... covenants contained in the contract or lease within thirty days after the lien claimant has actual notice of the forfeiture. Any lien claimant may pay off any prior recorded lien, encumbrance, or mortgage and then is subrogated to all the rights of the prior holder of the lien, encumbrance, or mortgage. |
Section 1311.10 | Presumptions.
...(A) Any person who contracts for an improvement to real property which gives rise to lien rights under sections 1311.01 to 1311.22 of the Revised Code is presumed to be the authorized agent of all part owners of the real property, except when the relationship between the person contracting for the improvement and the other part owners is that of lessee and lessor or sublessee and sublessor. (B) Any person who contra... |
Section 1311.11 | Notifying lienholder to commence suit.
...nner and receive the same fees as for releases of mortgages and other liens. If the lienholder fails to commence suit upon the lien within sixty days after completion of service upon him of the notice to commence suit, or if the action is commenced but dismissed with prejudice before adjudication, the lien is void and the property wholly discharged from the lien. When a lien is void by reason of failure to commence ... |
Section 1311.12 | When lien for furnishing materials arises.
...(A) A mechanic's lien for furnishing materials arises under sections 1311.01 to 1311.22 of the Revised Code only if the materials are: (1) Furnished with the intent, as evidenced by the contract of sale, the delivery order, delivery to the site by the claimant or at the claimant's direction, or by other evidence, that the materials be used in the course of the improvement with which the lien arises; (2) Incorporate... |
Section 1311.13 | Attaching of liens - continuance and priority.
...1) of this section which has not been released at the time a lien is filed by a laborer after the recording of the notice of commencement or if a valid lien against the improvement pursuant to division (A)(1) of this section is filed subsequent to the filing of a laborer's lien, the lien of the laborer is effective from the date the first visible labor or work was performed or materials were furnished by the original... |
Section 1311.14 | Priority of mortgage lien.
...nty recorder to be recorded, a proper release of the mortgage, but if the mortgagee elects to complete the loan, the mortgagee shall, in order to obtain the priority set forth in this section, distribute the mortgage fund in the following order: (1) The mortgagee may at any time pay off the prior encumbrance, or withhold the amount thereof for that purpose. (2) Out of the residue of the fund, the mortgagee may at a... |
Section 1311.15 | Superiority of liens - assignment - direct payment of claim of subcontractor, materialman or laborer.
...(A) The lien of a subcontractor is superior to any already taken or to be taken by the original contractor in respect of the same labor, work, or material, and the liens of laborers, material suppliers, and subcontractors to an original contractor or subcontractor, are superior to any lien already taken or to be taken by such original contractor or subcontractor indebted to them in respect of such labor, work, or mat... |
Section 1311.16 | Proceeding by person holding mechanic's lien.
...Any person holding a mechanic's lien, in addition to the remedies provided for in sections 1311.01 to 1311.22 of the Revised Code, may proceed by petition, as in other cases of liens, against the owner and all other persons interested, either as lienholders or otherwise, in any improvement, or street, turnpike, road, sidewalk, way, drain, ditch, or sewer, as mentioned in section 1311.03 of the Revised Code, and the l... |