Landlord Didn't Give Up Right to Start Eviction Case

February 1, 2006

LVT Number: 18633

Landlord sued to evict tenant for keeping a dog in violation of his lease. Tenant claimed that landlord waived the right to evict on this basis by waiting too long after knowing about the dog. The court ruled for tenant and dismissed the case. Landlord appealed and won. Though tenant claimed that he never hid his 19-pound Schnauzer, he didn't prove that he kept the dog openly and notoriously. There was no showing that the dog was in open view, except occasionally when walked, or that the dog's presence in the apartment was otherwise detectable.

Landlord sued to evict tenant for keeping a dog in violation of his lease. Tenant claimed that landlord waived the right to evict on this basis by waiting too long after knowing about the dog. The court ruled for tenant and dismissed the case. Landlord appealed and won. Though tenant claimed that he never hid his 19-pound Schnauzer, he didn't prove that he kept the dog openly and notoriously. There was no showing that the dog was in open view, except occasionally when walked, or that the dog's presence in the apartment was otherwise detectable.

Gidina Partners LLC v. Marco: NYLJ, 1/5/06, p. 25, col. 5 (App. T. 1 Dept.; Suarez, PJ, Gangel-Jacob, Schoenfeld, JJ)

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