Does Owner Waive Eviction Rights by Accepting Late Rent?

An owner’s right to evict a tenant for not paying rent on time is a staple of any commercial lease. But like any other lease right, it can be waived. One way to do that is by formal, written agreement with the tenant. But more often than not, waiver of the right to timely rent is the result not of bilateral agreement but of action on the part of the owner that leads the tenant to infer that the right is being waived. The most common example of waiver by action: accepting a tenant’s late rent payments.

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