sec.278Acceptance of rent does not operate as waiver of tenant’s breach

### sec.278 Acceptance of rent does not operate as waiver of tenant’s breach If the lessor makes a demand for, takes a proceeding for the recovery of, or accepts, rent payable under the agreement, the lessor’s action— does not operate as a waiver of— a breach of the agreement by the tenant; or a notice to leave given to the tenant by the lessor for an unremedied breach; and is not evidence of the creation of a new tenancy. Despite subsection (1) , if the lessor gives the tenant a notice to remedy breach under section 280 for a breach of the agreement relating to a failure to pay rent, acceptance by the lessor of the total amount of rent required under the notice to be paid to remedy the breach operates as a waiver of the breach. Subsection (2) applies only if the amount mentioned in the subsection is tendered by the tenant to the lessor within the allowed remedy period. (sec.278-ssec.1) If the lessor makes a demand for, takes a proceeding for the recovery of, or accepts, rent payable under the agreement, the lessor’s action— does not operate as a waiver of— a breach of the agreement by the tenant; or a notice to leave given to the tenant by the lessor for an unremedied breach; and is not evidence of the creation of a new tenancy. (sec.278-ssec.2) Despite subsection (1) , if the lessor gives the tenant a notice to remedy breach under section 280 for a breach of the agreement relating to a failure to pay rent, acceptance by the lessor of the total amount of rent required under the notice to be paid to remedy the breach operates as a waiver of the breach. (sec.278-ssec.3) Subsection (2) applies only if the amount mentioned in the subsection is tendered by the tenant to the lessor within the allowed remedy period. - (a) does not operate as a waiver of— (i) a breach of the agreement by the tenant; or (ii) a notice to leave given to the tenant by the lessor for an unremedied breach; and - (i) a breach of the agreement by the tenant; or - (ii) a notice to leave given to the tenant by the lessor for an unremedied breach; and - (b) is not evidence of the creation of a new tenancy. - (i) a breach of the agreement by the tenant; or - (ii) a notice to leave given to the tenant by the lessor for an unremedied breach; and