But it may be that plaintiff waived the matter of abandonment of the entire premises and thus precluded his right to insist upon a full surrender’, in which event, of course, the payment of the entire rent is suspended identically as though the entire premises were abandoned and surrendered by defendant. After defendant notified Dr. Johnson, the subtenant, that she intended to abandon the premises and requested him to vacate the upper stories, he called, .upon plain-, tiff landlord and discussed the matter with him. Dr. Johnson testified that plaintiff requested him to remain in possession of the upper stories, notwithstanding the notice from defendant. It. is true plaintiff disputes this and says that no such request was made by him. The evidence is, therefore, pro and con on the subject, and the question was properly oné for the jury, but it seems no instruction was framed upon it. In other words, the record presents no finding of fact by the jury touching this matter, as it was not submitted. There can be no doubt that a lessor may be held to waive rights accorded to him by the law for his personal benefit, provided he acts advisedly touching the same. [See Smith v. Huff, 141 Mo. App. 476, 125 S. W. 1173.] If the jury should find that Dr. Johnson continued to occupy the premises after defendant abandoned same and so remained in possession at the instance and suggestion of plaintiff, then it is competent for the court to declare that a further abandonment of the upper stories was waived by the lessor and the entire payment of rent on the part of defendant suspended. The mere fact that the lessor re*678fused to accept rent from Ur. Johnson thereafter is immaterial, for a waiver once attached may not he thus withdrawn by a mere change of inclination. [See Ball v. Royal Ins. Co., 129 Mo. App. 34, 107 S. W. 1097.] Of course, if Dr. Johnson remained in the premises at the instance and request of plaintiff after defendant abandoned the same, this would create the relation of tenant at will between him and plaintiff lessor and operate as an acceptance of the surrender of the entire premises, notwithstanding plaintiff’s agent notified defendant that the keys were held subject to her order. [See 1 Underhill, Landlord & Tenant, sec. 137.]