Landlord Can Enforce No-Pet Clause

April 1, 1999

LVT Number: 13119

Landlord sued to evict tenant for keeping a dog in violation of his lease. The court ruled for landlord, and tenant appealed. Tenant claimed that landlord had known about the dog for more than three months before taking any action, and so had given up the right to have the dog removed. The appeals court ruled against tenant. Landlord's employee testified that they had discovered the dog only when another tenant complained, and then brought the court case within the three month time period allowed by law. Tenant claimed he had the dog for at least six months before the complaint.

Landlord sued to evict tenant for keeping a dog in violation of his lease. The court ruled for landlord, and tenant appealed. Tenant claimed that landlord had known about the dog for more than three months before taking any action, and so had given up the right to have the dog removed. The appeals court ruled against tenant. Landlord's employee testified that they had discovered the dog only when another tenant complained, and then brought the court case within the three month time period allowed by law. Tenant claimed he had the dog for at least six months before the complaint. But tenant admitted that during that six-month period, he and the dog had spent many weekends and most of the summer upstate.

East River Housing Corp. v. Ierardi: NYLJ, p. 26, col. 1 (3/3/99) (App. T. 1 Dept.; Parness, JP, McCooe, Freedman, JJ)

Topics

More like this