Lessor's Right to Terminate Despite Prior Rent Acceptance

A lessee, challenging the termination of a commercial lease due to non-payment of rent and failure to maintain the premises, argued that the lessor had waived the right to terminate by accepting rent payments after the initial breach. The court rejected the appeal, reasoning that while the acceptance of rent subsequent to a known breach can imply a waiver of the right to terminate for that specific prior breach, the lessor retained the right to terminate based on continuing or subsequent breaches of the lease covenants, particularly the ongoing obligation to pay rent and maintain the property.