Waiver

A waiver is the voluntary, deliberate giving up of a known legal right or contractual claim. It can apply to the right to enforce a lease term, to pursue a remedy, or to insist on certain notices before acting.

A waiver can be stated in writing or implied by conduct, as when a landlord keeps accepting late rent without penalty. Because an implied waiver can quietly weaken a party’s position, most commercial leases carry a non-waiver clause, which states that not enforcing a provision once does not give up the right for good.