Would this be an example of an Estoppel and/or a Waiver?

Asked about 1 year ago - Phoenix, AZ

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A landlord knowingly accepts hand-delivered rent checks for several months from a specific individual during the relevant contractual lease term. On these same rent checks that the landlord is cashing from the individual, the individual's checks explicitly list the specific address being leased per the relevant lease contract as the individual's actual residence/address.

Later, however, the landlord files an eviction action against the co-occupant of the leased property (that being, the "only" occupant they allege is authorized), specifically alleging in the eviction action that the individual that they've knowingly been accepting rent checks from (with the checks always explicitly listing the leased property as the individual's address) is an "unauthorized occupant".

Additional information

Additionally, landlord was factually aware of the individual on the property by fact that packages in the mail (from UPS, FED EX, USPS, etc.) had been personally signed for by the individual in the landlord's leasing office itself as directly required by landlord--and literally signed for right in front of landlord. Through landlord knowingly accepting the hand-delivered checks from the individual and being present for his receiving of packages in the leasing office, legally, is it possible that the landlord created (and maybe even inadvertently created) an estoppel or a waiver to their future eviction action where they allege that same individual has all along been "unauthorized"--- that being the specific and only basis when then trying to evict the co-occupant?

Attorney answers (1)

  1.

    Los Angeles Business Attorney
    Contributor Level 20

    1

    Helpful vote

    Answered April 29, 2012 01:52. Usually leases have a provision in them says something like "no waiver of any term of this lease will be construed to be a continuing waiver," meaning a party can look the other way about something as long as they want to, and then decide to enforce the lease.

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