Card 45 / 54: If Landlord Larry continuously accepts late rental payments from Tenant Tamara for the first half of 2012, and then, in July of 2012, sues Tenant Tamara for breach of contract, for failure to pay the rent on time in July of 2012, what would be the likely result at trial?
A)
By his failure to object to date to the late payments, Larry has waived the breach, and will not be successful in his suit.
B)
Larry would win, because Tamara breached the contract.
C)
Larry will be able to recover late fees and liquidated damages (none were listed as recoverable damages in the contract).
D)
none of the above.
Answer:
A) By his failure to object to date to the late payments, Larry has waived the breach, and will not be successful in his suit.
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