Gould

A lease contains an antiwaiver provision. Yet, we conclude the lessor waived certain rights under the lease, even if the antiwaiver provision applies. There is a simple explanation for this seeming paradox. Lessor, the party arguing waiver, waived the clause prohibiting waiver.

This case arises from a commercial lease. The lease contains an early termination provision allowing the lessee to terminate the lease prior to the *1178 end of the term. Lessor seeks a declaration that lessee did not properly exercise its early termination right, and thus lessee’s obligations under the lease continued.

We uphold the trial court’s ruling that lessor waived defects in lessee’s performance of the early termination provision; thus the lease had terminated. We conclude that the trial court erred, however, in refusing to allow lessor’s evidence of damages relating to the condition of the premises. We remand for a trial limited to such damages.

FACTS

B. Michael Gould owns a commercial building. He leased the premises to his wholly owned corporation, Learning Tree University, Inc. (Learning Tree).

Paragraph 5 of the lease provides for a security deposit of $24,165. The lease provides…