Does a signed lease that allows a landlord to withhold rent from a tenant provide a waiver by the tenant of their right to object to the distress procedure?
MultiRegion, United States of America
The following excerpt is from Adams v. Egley, 338 F. Supp. 614 (S.D. Cal. 1972):
In Santiago v. McElroy, 319 F.Supp. 284 (E.D.Pa.1970), the court found that written provisions in signed leases permitting a landlord to distrain for rent did not amount to a waiver by the tenant of his right to object on constitutional grounds to the statutory distress procedure. Stated the court:
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