A waiver is an act that demonstrates a party`s intention to waive its right to claim those of another party for breach of its obligations. For example, if the tenant does not pay the rent for a month, the landlord may decide to waive the violation for free after discovering that the tenant has had financial difficulties. The landlord cannot change his mind in the future and decide to demand the tenant`s money. Since this implies the waiver of a right, a waiver must be so clear that it could objectively be assumed to convey the intention to waive a right. Any waiver must therefore be made in writing. The term “waiver” is often found in waiver clauses in rental agreements, which provide that any delay or omission by the lessor in exercising its rights against the tenant does not constitute a waiver by the lessor of those rights and that if the lessor waives an infringement of the tenant, this does not mean that other future or similar infringements of the tenant are also lifted. Non-waiver clauses are found in many types of contracts, but here are some of the most common: for example, suppose a tenant accidentally causes a fire that damages the landlord`s building six months after a one-year lease. The lessor then puts a right to insurance and receives payment of his losses from his insurance company. Without a waiver of the transfer of claims, the landlord`s insurance company can then sue the tenant to try to recover what he paid to the landlord.

If the tenant is sued and loses, it can affect their financial viability, which would not be helpful for a landlord who relies on the tenant to pay their rent. The lesson to be learned from the Hamilton decision is that landlords must ensure that they require payment of the full amount of rent each month. In the event that a landlord grants a rental concession, they must do so in a written agreement that preserves all of the landlord`s rights under the lease, including all rights set out in any waiver contained therein. We will tell a story about an attempt to extend the lease, but first we need to establish the context, in particular here is the text of the non-waiver clause in question: however, in recent years, the courts have ruled that such an anti-waiver clause can also be lifted if the execution of the lease is relaxed! The above provision, taken from the SFAA lease, was amended this year to indicate that the anti-waiver clause cannot be lifted, but it is certainly not certain that a court will accept the argument that a landlord can enter into a waiver in connection with renting an apartment. A waiver of rights usually means that the contractual partner loses the right to assert a claim contrary to the contract. As a result, claims for damages and other remedies that may be available are lost. But the mere fact that a non-waiver provision can be lifted does not render the provision “completely ineffective.” [The focus is on us.] To the extent that there are doubts so far, we assert that a party`s rights under a non-wading provision may in fact be expressly or implicitly waived. There is a lot of agreement on this point.