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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Batson v. Clark, 980 S.W.2d 566 (1998)

Citation
Batson v. Clark, 980 S.W.2d 566 (1998)
Parent Document
Batson v. Clark, 980 S.W.2d 566 (1998)
Jurisdiction
Kentucky (state)
Effective Date
1998-10-16

Other Sections in This Document (163)

Full Text

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The facts of this case fall within the above mentioned exception. There is no dispute and it is a well settled fact that Wright and her estate accepted rent from the sublessees for a period of almost seven years. The remaining issue is whether Margaret Wright had knowledge of the sublease when she accepted the rent. There is no direct evidence that Wright was aware of the sublease. There was, however, testimony that Wright considered the partners’ tenancy, in contradiction of the plain terms of the original lease, to be month to month. The Court finds that Wright could not contend such unless she was aware that a sublease had taken place. The Court concludes that Wright waived her right to terminate the original lease and that the sublease was effective.