Landlord Didn't Object to Pet Within Three Months

July 31, 1996

LVT Number: 10782

Landlord sued to evict tenant for keeping a dog in violation of her lease. Tenant pointed out that she had gotten the dog in June 1995, more than three months before landlord objected. Under the pet waiver law, landlord therefore waived any right to evict tenant for this lease violation. Testimony showed that tenant had kept the dog openly with no attempt to conceal it. Landlord also didn't call the building superintendent as a witness, which supported tenant's claim that the super knew she had the dog.

Landlord sued to evict tenant for keeping a dog in violation of her lease. Tenant pointed out that she had gotten the dog in June 1995, more than three months before landlord objected. Under the pet waiver law, landlord therefore waived any right to evict tenant for this lease violation. Testimony showed that tenant had kept the dog openly with no attempt to conceal it. Landlord also didn't call the building superintendent as a witness, which supported tenant's claim that the super knew she had the dog. Landlord claimed that tenant wasn't protected by the pet waiver law because she knew her lease barred pets. The court ruled against landlord. Tenant presumably had read her lease. And the pet waiver law applied whether or not tenant knew her lease prohibited pets.

Northtown Roosevelt Assocs. v. Christianson: NYLJ, p. 21, col. 1 (7/17/96) (Civ. Cit. NY; Wendt, J)

Topics

More like this