Sagson Co. v. Weiss

Appellant, as landlord, received rent of respondent with the knowledge that the latter, permitting the apartment to be co-occupied by another, was in breach of a covenant of the lease. The lease contained a clause stating that the landlord could not be deemed to have waived any rights regarding a breach of the lease by merely receiving rent with knowledge of the breach.

A "no waiver” clause of this character does not apply to a claim of waiver by open possession. Despite such a provision in a lease, the acceptance of rent with knowledge of a subletting constitutes a waiver of the right to…