Lessee Liability for Rent Arrears Despite Late Payment Tolerance

A lessee appealed a decision holding them liable for rent arrears and costs following the termination of a lease agreement due to non-payment, arguing that the lessor had accepted late payments without formal reservation and that the established practice demonstrated a tacit agreement to extend the payment deadline. The court rejected the appeal, reasoning that while a creditor may temporarily waive the right to enforce a contractual deadline through tolerance, such tolerance does not extinguish the right to invoke the breach for subsequent non-performance unless the creditor has unequivocally and unambiguously committed to a permanent modification of the contractual terms, which was not established in this case.