Landlord Can Object to Tenant's New Dog

Landlord sued to evict tenant for keeping a dog in violation of his lease. Tenant claimed landlord had given up its right to object to the dog. Although tenant's initial 1978 lease contained a no-pets clause, landlord had previously permitted tenant to keep two dogs in the apartment. Tenant's dogs died, and he got a new puppy. One day after landlord's employee first saw the new dog, landlord delivered a notice to tenant to get rid of the dog. When tenant didn't get rid of the dog, landlord immediately started an eviction case against tenant. The court ruled for landlord. Although landlord didn't sue to evict tenant for keeping his original dogs, this didn't mean that tenant could keep a new dog in violation of his lease. Since landlord promptly notified tenant of his lease violation, it didn't give up its right to object to the new dog. Landlord could proceed with its eviction action.

River York Stratford LLC v. Ostrow: NYLJ, p. 27, col. 4 (6/16/99) (Civ. Ct. NY; Malatzky, J)