Previous Owner's Acceptance of Late Rent Doesn't Waive New Owner's Right to Timely Rent

What Happened: A medical tenant repeatedly paid rent late without late fees or any other penalties. But then the building was sold. And the new owner wasn’t as forgiving or tolerant of the tenant’s personal stresses and “business ups and downs” as the previous one. Within months, the tenant was staring down the barrel of a lawsuit. The trial court sided with the tenant, and the owner appealed.

Ruling: The Texas appeals court reversed and ordered the tenant to pay the owner $34,109 for breach of contract.

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