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/ ↗

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        Paragraph 14 of the rental agreement provided, in relevant part, “Owner’s acceptance of rent
with knowledge of any default by Renter shall not be deemed a waiver of such default, nor limit
Owner’s rights with respect to that or any subsequent default.”
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       In the present case, the anti-waiver clause in the agreement expressly stated that
plaintiff’s “acceptance of rent with knowledge of any default by” defendant “shall not be
deemed a waiver of such default,” nor would it limit plaintiff’s “rights with respect to that or
any subsequent default.” The anti-waiver clause thus foreclosed defendant’s defense in its
answer that plaintiff “accepted rent with actual and/or constructive knowledge of the alleged
breach.”

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