Landlord Can Evict Tenants Who Kept Two Cats in Violation of Lease

September 24, 2017

LVT Number: #27912

Landlord sued to evict tenants for violating the no-pet clause in their lease because they kept two cats without landlord's permission. Tenants claimed that landlord had waived any objection to their pets by waiting more than three months to start the eviction case. But landlord's five witnesses credibly testified that they first discovered the cats when they entered tenants' apartment to make repairs in response to a building violation on May 22, 2016. Landlord sent tenants a notice to cure on June 8, 2016.

Landlord sued to evict tenants for violating the no-pet clause in their lease because they kept two cats without landlord's permission. Tenants claimed that landlord had waived any objection to their pets by waiting more than three months to start the eviction case. But landlord's five witnesses credibly testified that they first discovered the cats when they entered tenants' apartment to make repairs in response to a building violation on May 22, 2016. Landlord sent tenants a notice to cure on June 8, 2016. There was no waiver, and tenants' lease barred them from keeping dogs, cats, or other pets. The trial court ruled for landlord. 

Hope Horizon Realty v. Johnson: 56 Misc.3d 1217(A), 2017 NY Slip Op 51052(U) (City Ct. Mt. Vernon; 8/21/17; Armstrong, J)

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