Mendel v. Barrett & Son

1. While a landlord does not waive his right of action against his tenant merely by allowing a subtenant or assignee of the original tenant to remain in possession of the premises, even though he accept payment of the rents from the subtenant or assignee with knowledge of such subletting or assignment, the original tenant may be released from liability by an agreement with the landlord for the substitution, or by the landlord’s electing to proceed against the subtenant as his own tenant. See Cuesta v. Goldsmith, 1 Ga. App. 48 (57 S. E. 983); Hudson v. Stewart, 110 Ga. 37 (35 S. E. 178). “One…