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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Oak Glen of Edina v. Brewington, 642 N.W.2d 481 (2002)

Citation
Oak Glen of Edina v. Brewington, 642 N.W.2d 481 (2002)
Parent Document
Oak Glen of Edina v. Brewington, 642 N.W.2d 481 (2002)
Jurisdiction
Minnesota (state)
Effective Date
2002-04-23

Other Sections in This Document (49)

Full Text

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352 N.W.2d 532, 534 (Minn.App.1984) (recognizing that acceptance of rent does not constitute waiver of breach if lease contains nonwaiver provision or when manifest intent to waive is not present). Oak Glen contends that if waiver is applied to this serial violation, a landlord would need to stop collecting rent at the first instance of a late rental payment in order to preserve a cause of action; landlords would then be forced to stop collecting rent for an indeterminate length of time to ascertain whether the tenant’s late payment was an isolated or repeated incident. Oak Glen points to an unpublished opinion of this court that held that the waiver rule did not apply when an accumulation of violations was required to justify eviction. Bossen Terrace v. Price,