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Implied Waiver by Landlord - An Unexpected Result

Apr 13, 1999 | Article 

Written by Jeanne Banka with Francine Baker-Sigal
(ICSC Shopping Centre Legal Update, Vol. 19, Issue )

The courts have repeatedly held that by accepting rent that becomes payable after a notice of default has been given to a tenant, the landlord will have irretrievably lost its ability to terminate the lease as a result of the particular default. Furthermore, the same result will occur if the landlord, being aware of the default, does anything that has the effect of confirming the existence of the lease and recognizes the relationship of landlord and tenant as still continuing. 

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