Lessor's Waiver of Written Consent for Lease Modifications

A lessor appealed a judgment that awarded damages to a tenant for the premature termination of a commercial lease, arguing the tenant had failed to strictly adhere to the lease's requirement that modifications be authorized by prior written consent, which was a condition precedent for renewal. The court rejected the appeal, reasoning that the lessor's acceptance of executed modifications without prior written approval, evidenced by the lessor remaining passive after becoming aware of the work, constituted a tacit waiver of the formal written authorization clause, thus precluding the lessor from using the tenant's non-compliance as grounds for rescission or forfeiture of renewal rights.