Lilly Court LLC v. Lee

The principal issue in this case is whether plaintiff, the owner of a mobile home park, waived the right to seek the eviction of defendants because it “accept [ed] rent” with knowledge that defendants had defaulted on their rental agreement when it retained several rent checks but did not cash them. The trial court concluded that there was no waiver because defendants’ tender of payment by personal check did not amount to payment of “rent,” whether or not it had been “accepted.” We conclude that, when plaintiff retained the checks, it waived the right to seek eviction. We therefore reverse.

The…