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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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The theory of waiver that Brewing-ton advances flows not from the acceptance of each late payment per se but from the pattern of continuing to accept rent after the last breach of that type — specifically, the last late payment of rent. To protect against waiver for this repeated minor violation, the landlord need only refuse to accept the single, final late rental payment. This allows a reasonable balance between the tenant’s reliance on continued tenancy and a landlord’s right to remove the tenant for repeated late payments. Applying the waiver doctrine in this way also comports with established case law. See Kenny,