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Owner's acceptance of rent with knowledge of any default by resident or waiver by owner of any breach of any term of this agreement shall not constitute a waiver of subsequent breaches. Failure to require compliance or to exercise any right shall not be constituted as a waiver by owner of said term, condition, and/or right, and shall not affect the validity or enforceability of any provision of this agreement.
This is a no waiver clause in my lease. My question is my boyfriend and I split up. Lease in both of our names. I haven't resided there since July 18 but he stayed. He wanted to break the lease and didn't pay September rent so she filsd for possession of the property. We had court this morning and he is to be out by next Monday. However, she is still making us both responsible for all damages and rent owed (I understand that, my name is on the lease) My question is her reasoning for filing for possession of the property is sub-letting. I guess he had a roommate move in. It clearly states in the lease that that is not allowed, however, we both have text messages from her confirming that the "roommate Marcus" (her exact words) answered the door and she spoke with him. This took place in July. She also stated in front of the judge today that at her inspection on July 18 she saw two people moving things in. Since she accepted august rent and knew of these thing in July but didn't pursue does that make our lease void? Just want to file a counter suit to dismiss but wanted to know if that's what this means thanks!