Dhanu, a tenant living in a rented apartment, signed a lease agreement that included a specific
clause requiring him to notify his landlord of any needed repairs within 30 days. This clause
was meant to ensure that any issues were promptly addressed, maintaining the property in
good condition. However, when the heating system broke down during the winter, Dhanu
delayed reporting it to the landlord, notifying them only 45 days after the issue arose. In the
past, the landlord had been lenient with such delays, often addressing repairs even when
Dhanu had reported them late.
Given this history of leniency, Dhanu assumed that the landlord would still fix the heating
system despite the delay. However, this time, the landlord refused, citing the lease
agreement's 30-day notice requirement. The landlord claimed that by not reporting the
problem on time, Dhanu had waived his right to have the issue fixed at the landlord's
expense. Now, Dhanu is left without heating during a cold spell and is considering his
options.Can Dhanu argue that the landlord, by allowing delays in the past, waived their right
to enforce the 30-day notice? How might the Doctrine of Waiver apply to this situation?
