Long Drive Apartments v. Parker

WELLS, Judge.

Defendant first contends that the trial court erred in concluding that plaintiff was entitled to possession of the premises because plaintiff did not prove “material noncompliance” with the lease. Second, defendant contends that the trial court erroneously concluded that plaintiff had not waived its right to terminate the lease. We find no error.

Defendant asserts that the alleged lease violations do not rise to the level of “material noncompliance” so as to warrant ejectment. Paragraph 23 of the lease agreement provides:

The Landlord may terminate this Agreement only for: (1) the…