The Tenant assured that the lessor had waived the «not late» requirement, which is a condition for the tenant to successfully exercise his rent renewal option. The Court held that this «not late» condition could be overturned or orally overturned by the lessor`s conduct or non-control, despite the «non-renouncement clause» of the tenancy agreement. But the tenant argued that by his behaviour, the landlord had waived the late payment. In principle, the tenant tried to skip two «non-waiver» provisions. The first looked explicitly at rent and, to remind readers, said that if so, a rental agreement should have been signed. What is a lease? This is a contract between a landlord and a tenant. What does this contract mean? In this contract, the lessor essentially agrees to grant the tenant, for a specified period of time, a tenancy agreement for a particular property. What is a lease? Although there are some discussions about the nature of a lease in legal science, it is certain to say that a lease is a kind of participation in the ownership of the leased property. Thus, the tenant can be considered a kind of «owner» of the dwelling during the term of the lease. Why «owner»? The reason the tenant is designated as «owner» is that the tenant is exclusively in possession of the rental property for the duration of the lease (i.e. the only right to own and occupy the leased property, with the exception of the lessor and others who are subject to certain exceptions). One could imagine that the landlord is the principal owner and the tenant is a sub-owner.
The lease determines and regulates this relationship between them. Commercial landlords, already facing tenant losses and an increase in empty spaces, are concerned about the right to significant improvements in rents as a result of a default. Suppose you own a local lifestyle mall and one of your tenants is a restaurant that has borrowed a considerable amount to complete the purchase and installation of the kitchen and related rental improvements. With fewer people eating and the restaurant recognizing the drop in income, you`re concerned about a lender`s right to take back collateral in the event of a credit default. If you signed a flat-rate agreement from the lessor and a waiver when the loan was financed, you may have unknowingly waived the rights to the lender`s withdrawal of kitchen equipment. Despite this difficulty, it is of the utmost importance that each potential tenant understands such terminology in order to be clear about what they are committed to. Legal obligations are binding and could be very restrictive if they are particularly one-sided with the tenant in favour of the lessor.