Failure to Address Issue Doesn't Equal Waiver
Facts: A tenant and owner entered into a 10-year lease. Approximately three years into the lease, the tenant sued the owner for violating the terms of the lease. The parties were able to reach a settlement orally, but asked the court to step in because they could not agree on the written version. The judge reviewed the settlement terms and ruled that the owner had waived its right to collect overdue charges because the issue had not been addressed in the oral settlement agreement. The owner appealed.