Westminster Corp. v. Anderson

OPINION

HARTEN, Judge.

Respondent landlord brought an unlawful detainer action alleging that appellant tenant, a recipient of section 8 housing assistance, materially breached the lease prior to August 1994. The district court referee granted restitution judgment for respondent but subsequently vacated that judgment, concluding that respondent had waived its right to terminate appellant’s lease by accepting housing assistance payments for the months up to, and including, September 1994. Upon review, the district court reversed the referee, concluding that the doctrine of waiver does not apply…