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Boston LLC v. Juarez (2015)

Citation
Boston LLC v. Juarez (2015)
Parent Document
Boston LLC v. Juarez (2015)
Jurisdiction
California (state)
Effective Date
2015-10-02
Original Source
https://www.courtlistener.com/opinion/3006950/boston-llc-v-juarez/ ↗

Other Sections in This Document (72)

Full Text

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With respect to waiver by accepting rent, “[a]s a general rule, landlords waive a tenant’s
breach of covenant, and thus the right to evict based on that breach, by accepting rent with full
knowledge of the facts constituting the breach. [Citations.]” (Friedman et al., Cal. Practice
Guide: Landlord-Tenant, supra, ¶ 2:506, p. 2B-209, italics omitted.) However, “[t]he tenant’s
breach is not waived where a written rental agreement expressly states the landlord’s
acceptance of rent after a breach . . . does not itself constitute a waiver of the covenant for the
future. [Citations.]” (Id. at ¶ 2:508, p. 2B-210.)