What does the waiver of covenants mean in an agreement and how will this affect me as a tenant when my landlord refuse to obey the contract?

It says, " failure of any party to enforce the provisions of this lease shall not constitute a waiver unless specifically stated in writing, signed by the party whose rights are deemed waived, regardless of a party's knowledge of a breach hereunder."

My landlord has refused to fulfill his obligation based on the contract that he created and threatened to end our lease. It doesn't say anywhere in the lease that he can do that. I also have been paying my rent on time and never Skip or ask any extension to pay my due. Now he refused to repair his building which I'm leasing and told me that he wanted to end the lease with me? And by the way the city is waiting to help me by starting a process so his building is up to code because it currently is not. I have been trying to help him, have an open communication and be civil but the guy doesn't care about his tenants other than receive rent money. Now he has forced me to take another step which is not going to be easy for both of us.

4 Answers

  • Anonymous
    1 month ago
    Favorite Answer

    The waiver provision that you cite actually helps you in this case.  It means that even if you haven't done anything to hold your landlord accountable under the lease, you haven't waived any of your rights.  That's good.  That means that you can now take him to court or otherwise enforce your rights under the lease, even though you haven't done so so far, and no matter what you've said or done so far.

    Source(s): I am a lawyer
  • 1 month ago

    Like you, the tenant, the landlord cannot unilaterally terminate a fixed term lease.  But if you are renting month to month, both the tenant and the landlord can change any term of the rental agreement with a month's written notice including demanding the tenant to vacate.  

    Not every repair request is required to be fulfilled by the landlord.  Sure wish you mentioned what you issue is.  For example if your air conditioning is broken and your request to have it repaired was ignored, in all but one state (I think), the landlord is under no obligation unless the air conditioning is specifically included in the lease.  Or if you request your landlord fix a squeaky door hinge, the landlord is not required to repair it because it doesn't prevent the inhabitability of the property.  Building code violations are different and when discovered the landlord will be fined for them if not repaired.  But the landlord doesn't owe you anything for the time before the repairs if the property remained inhabitable, and for the most part only serve to provide a tenant with good cause to sue a landlord to void the lease without penalty by a judge.

    Your original question asking what that phrase means, it means that if either of the parties fail to live up to their responsibilities, that it doesn't mean they can continue to do so at will unless agreed to in writing.  For example, if your landlord allowed you to pay your rent late one month without penalty, that doesn't mean it is ok for you to pay rent any subsequent month without penalty.  It does not mean that if the landlord breaks the rules, you can too.

    Calling the building inspector on a landlord will likely end your welcome to remain in the property.  So if you do have a fixed term lease, it is reasonable to assume your landlord will be hunting for a valid reason to formally evict you, or not be willing to rent to you when your lease expires.  But the landlord can't gain an eviction unless you are in breach of contract, so continue to pay rent on time without fail.

    Good Luck.

  • 1 month ago

    he can say he wants to end the lease.  Doesn't mean he can, but he's free to say it.  If there are code violations, he'll have to fix them. Expect when your lease is up to get tossed out.

  • Anonymous
    1 month ago

    Waiver doesn't affect you because you haven't waived anything.

    If the building is truly in such a state of disrepair that the government is stepping in, I suggest you start packing.  The landlord isn't obligated to repair his property.   But if the health department or other authority determines that it must be repaired in order for you to live there, that means you will be told to move if he chooses not to repair.   

    What's that you said about him wanting to terminate your lease?    Yes, he can do that if the authorities say so.

    ETA:   There are zero leases that state the landlord must maintain the property to the specifications and preferences of the tenant.    A maintenance request is not a command.   It really depends on what you're requesting.

    Landlords cannot change a property's address at their own discretion.   Changing a property's address can be a pretty convoluted process, actually.  

    If the city requires your business to have a separate address or suite number, why did you agree to rent a property that didn't have one?   That's your problem, not your landlord's problem.   It's not your landlord's job to bail you out of your bad decisions or lack of planning.

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