Kapneck 14-16 v. Breezy's Speakeasy

Summary

The court held that a commercial lease may waive the tenant’s statutory post-judgment right of redemption because the governing statute permits contractual variation and does not prohibit such a waiver in nonresidential leases. It also held that the statutory pre-suit notice requirement applies only to residential tenancies, but a commercial summary-ejectment action may proceed only on rent charges that were known to the tenant and had become due and unpaid under the lease when the complaint was filed. The court vacated the circuit court’s judgment and remanded for recalculation of the qualifying charges and further proceedings.