Landlord Can't Waive Illegal Use of Premises By Accepting Rent

The court reasoned that the landlord's affidavit, together with the exhibits established prima facie proof that the tenant had been illegally using the premises and had acquiesced thereto.

10 minute read October 01, 2024 at 12:09 AM

Scott Mollen

Landlord Can't Waive Illegal Use of Premises By Accepting Rent

A landlord commenced a commercial holdover proceeding, alleging that the tenant was illegally using the premises for the retail sale of cannabis. The tenant filed an answer with counterclaims and moved for summary judgment and for the dismissal of the petition.

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