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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

MH2 Co. v. Hwang, 104 Wash. App. 680 (2001)

Citation
MH2 Co. v. Hwang, 104 Wash. App. 680 (2001)
Parent Document
MH2 Co. v. Hwang, 104 Wash. App. 680 (2001)
Jurisdiction
Washington (state)
Effective Date
2001-02-01

Full Text

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MH2 entered into a commercial lease for a convenience store/gas station with Gregory and Karen Patterson. Paragraph 22 of the lease provided general language for “NONWAIVER OF BREACH” without specific provision for nonwaiver of forfeiture after acceptance of subsequent rent. The Pattersons assigned their interest to the Hwangs in January 1995. Rent was set at $6,250 payable on the first day of each month in advance. The Hwangs did not pay rent for December 1996 and January 1999 without action by MH2. The Hwangs acknowledge their December 1996 rent check was returned for insufficient funds, but contended MH2 agreed to apply the Hwangs’ $5,000 security deposit toward the rent and that they paid another $1,000 several months later to apply toward the balance owing. Regarding the January 1999 rent, the Hwangs asserted MH2 waived payment because they were forced to pay for certain gas tank repairs causing loss.