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A property manager receives a complaint that a tenant in Jacksonville has been subletting their unit on Airbnb without permission. The original lease prohibits subletting. The tenant has been doing this for 3 months, and the landlord has been accepting rent payments during this time. What legal principle applies?

Correct Answer

B) Waiver of lease violation

Correct: By accepting rent with knowledge of the lease violation, the landlord may have waived the right to claim this violation. Why not A: Constructive eviction involves landlord actions making premises uninhabitable. Why not C: This involves landlord retaliation for tenant complaints. Why not D: This involves landlord's failure to maintain habitable conditions.

Answer Options
A
Constructive eviction
B
Waiver of lease violation
C
Retaliatory eviction
D
Breach of warranty of habitability

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Related Topics & Key Terms

Key Terms:

lease_violationswaiversubletting

Related Concepts

Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.

Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.

A freehold estate conveys ownership rights, while a leasehold estate grants the right to possess and use property for a specific period without ownership.

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