Community Housing Alternatives, Inc. v. Latta

MARTIN, Judge.

This is an action for summary ejectment. Following an adverse ruling by the magistrate, defendant appealed to the district court, which after trial de novo concluded that defendant had violated the terms of his lease and ordered his removal from the leased premises. Defendant appeals, contending, inter alia, that plaintiff had, as a matter of law, waived its right to demand a forfeiture of the lease. We agree with defendant’s argument and reverse the judgment entered below.

Plaintiff owns the Adelaide Walters Apartments, a federally subsidized apartment complex for low-income…