Does a city waive its right to terminate a lease by accepting rent during the term of the lease?

Nor did the city waive its right to reject plaintiff's attempted exercise of its option to renew by accepting rent during the term of the lease. The city accepted rent only until November, 1971, the month that the lease, without renewal, was due to expire, and thereafter refused all rent. While it is true that such an acceptance of rent, with knowledge of the default, constituted a waiver by the city of its right to terminate the lease prior to the expiration of the lease, it does not follow that the contractual condition--that plaintiff refrain from having open [34 N.Y.2d 429] fires on the premises--was rendered nugatory. All that was waived by the acceptance of rent with knowledge of the default was the right of the city to terminate the lease during the term of the lease. (Woollard v. Schaffer Stores Co., 272 N.Y. 304, 313, 5 N.E.2d 829, 832.)

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