Tenant Eviction Upheld Despite Prior Acceptance of Late Rent

A contractual tenant appealed a decision that ordered the termination of the lease and eviction based on the landlord's claim of non-payment of rent, arguing that the lessor had waived their right to rely on the late payments due to a prior acceptance of similar late payments without protest. The court rejected the appeal, reasoning that the mere tolerance of late payment on previous occasions does not constitute a definitive waiver of the right to enforce the contractual clause regarding payment deadlines for future obligations, absent any express agreement to modify the lease terms, thus upholding the landlord's right to terminate the lease upon subsequent late payment.