The landlord has the option whether to take advantage of a forfeiture or not1; and, if he elects not to do so, the forfeiture is waived. Such election may be either express or implied; it is implied when, after the cause of forfeiture has come to his knowledge2, the landlord does any act whereby he recognises the relationship of landlord and tenant as still continuing3. The onus of proof that the landlord knew of the cause of forfeiture is on the tenant4, and does not shift to the landlord on proof that the landlord has recognised the tenancy after
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