C & K Market, Inc. v. Roccasalva

In this commercial forcible entry and detainer (FED) action, the issue is whether, by continuing to accept a tenant’s rental payments made pursuant to a lease agreement that had been terminated by a landlord because of the tenant’s breach, the landlord elected to continue the lease notwithstanding the breach. Our resolution of that issue— raised in plaintiffs first assignment of error — obviates the need to address plaintiffs other assignments of error regarding the award of attorney fees to defendant. For the reasons below, we affirm.

The relevant facts are not in dispute. In 2006, plaintiff…