Can You Waive Your Right To Waive Your Rights In A Lease Or Other Contract?

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Last week, in dissecting the most commonly found style of lease audit clause, and not so favorably at that, we necessarily dragged in what a particular court thought about a landlord’s argument that its tenant had “waived” its right to get a refund of moneys already paid. To refresh your memory, and to implant a new memory into those who haven’t yet read last week’s posting, Ruminations postulated that lease audit clauses, as commonly written, are thought to result in outcomes that never come out. That’s even truer for “no-waiver” clauses in leases and other contracts and even for the defense of “waiver” built into the law. [Read more…]

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