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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Dyer v. Ryder Student Transportation Services, C.A. 98-4489 (1999) (1999)

Citation
Dyer v. Ryder Student Transportation Services, C.A. 98-4489 (1999) (1999)
Parent Document
Dyer v. Ryder Student Transportation Services, C.A. 98-4489 (1999) (1999)
Jurisdiction
Rhode Island (state)
Effective Date
1999-06-07

Full Text

671 chars
Most importantly, the payment and acceptance of the July 1998 rental does not constitute a waiver of the notice provision on the part of Dyer. Ryder asked for a second extension of the notice provision on the expiration day of the first extension. Although Dyer accepted the July 1998 rental payment, it did not sign the second extension request and filed a Complaint for Eviction on July 20, 1998. Dyer's actions signify that it identified Ryder as a holdover tenant. Waiver cannot be implied by the acceptance of increased rent as it must be "manifested in some unequivocal manner not found here." Hudson Oil Co. of Mobilev. McLeod, 424 F.2d 1269, 1271 (5th Cir. 1970).