Lessor v. Lessee: Waiver of Lease Termination Due to Unauthorized Subletting Acceptance of Rent

A lessee, having subleased commercial premises, was sued by the lessor for the termination of the lease and eviction based on the lessee's unauthorized subletting, which violated a contractual clause prohibiting subletting without the lessor's written consent. The court ruled that while the lessee was in breach of the prohibition against subletting, the lessor's acceptance of rent payments from the sublessee after becoming aware of the unauthorized sublease constituted a tacit waiver of the right to seek termination of the principal lease based on that specific breach, as accepting rent implies acceptance of the new situation.