Ohio Code § 1310.40

Ohio Code § 1310.40. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.

§ 1310.40.

(A) A lease contract imposes an obligation on each party that the other party's expectation

of receiving due performance will not be impaired. (B) If reasonable grounds for insecurity arise with respect to the performance of either

party, the insecure party may demand in writing adequate assurance of due performance.  Until the insecure party receives that assurance, if commercially reasonable, the

insecure party may suspend any performance for which he has not already received the

agreed return. (C) A repudiation of the lease contract occurs if assurance of due performance adequate

under the circumstances of the particular case is not provided to the insecure party

within a reasonable time, not to exceed thirty days after receipt of a demand by the

other party. (D) Between merchants, the reasonableness of grounds for insecurity and the adequacy

of any assurance offered shall be determined according to commercial standards. (E) Acceptance of any nonconforming delivery or payment does not prejudice the aggrieved

party's right to demand adequate assurance of future performance.

Source: official Ohio text · Last verified 2026-08-27

At a glance

  • Citation: Ohio Revised Code § 1310.40
  • Jurisdiction: Ohio
  • Code: Ohio Revised Code
  • Text: transcribed from the official source (verify below)

Verify the text

Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:

Not legal advice. Verify against the official source and consult a licensed Ohio attorney.

Common questions

What is the source of Ohio Revised Code § 1310.40?

The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.

What subject does Ohio Revised Code § 1310.40 address?

It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.

Is Ohio Revised Code § 1310.40 still in force?

Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.

Can this page be used as legal advice?

No. This is a reference transcription for research. Applying Ohio law to your facts requires a licensed Ohio attorney who can review the specifics.