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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

601 chars
The parties’ dispute is largely due to the failure to clearly distinguish between two problems, first the older unpaid rent, and second the newer rental defaults. Generally, if a tenant fails to pay rent and the landlord accepts later rental payments, the breach is not wiped out; the landlord has merely waived a right under the statute to declare forfeiture for the nonpayment. Wilson, 31 Wn.2d at 643. Such a waiver does not waive a continuing breach or any future noncontinuing breaches. Id. Therefore, a landlord may later declare forfeiture for an older, continuing breach or any new breach. Id.