Tenant claims landlord waived lease termination #24310.

Position:WAIVER
 
FREE EXCERPT

Landlord started a holdover proceeding to evict tenant after terminating tenancy. Tenant asked the court to dismiss the case outright because landlord had accepted a rent payment after terminating the tenancy but before starting the eviction proceeding. The court ruled against tenant, who appealed and lost. Acceptance of a single post-termination, pre-petition rent payment didn't establish waiver. A trial was needed to determine...

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