Rehoboth Mall Ltd. Partnership v. NPC International, Inc.

BERGER, Justice.

In this appeal we consider whether a landlord may refuse to extend a commercial lease, for a second time, based on a tenant’s defaults during the initial lease term. The landlord did not rely on those defaults to deny the tenant its first lease renewal term, and the tenant committed no defaults thereafter. The landlord argues that the lease’s “no waiver” provision allows the landlord to enforce the tenant’s past defaults at any time. We disagree. The no waiver provision allows the landlord to strictly enforce future defaults notwithstanding its acquiescence in past defaults.…