Landlord Didn't Previously Object to Washing Machine

November 1, 1993

LVT Number: 8335

Landlord sued to evict tenant for violating her lease. Landlord claimed tenant had installed a washing machine without landlord's permission. Tenant's lease barred washing machines and contained a ``no waiver'' clause. Tenant claimed she'd had the machine for 10 years with no problems, that it was in plain view in her kitchen, and that the building superintendent had been in the apartment a number of times over the years to paint or do MCI work. Nothing was ever said about the washer. Landlord claimed it had an active policy against appliances. The court ruled against landlord.

Landlord sued to evict tenant for violating her lease. Landlord claimed tenant had installed a washing machine without landlord's permission. Tenant's lease barred washing machines and contained a ``no waiver'' clause. Tenant claimed she'd had the machine for 10 years with no problems, that it was in plain view in her kitchen, and that the building superintendent had been in the apartment a number of times over the years to paint or do MCI work. Nothing was ever said about the washer. Landlord claimed it had an active policy against appliances. The court ruled against landlord. It wasn't believable that no one had noticed the washer for over 10 years. And landlord had only started distributing tenant letters about appliances and having the super look for them in 1992. There was clearly a waiver.

Barker Avenue Co. v. Rivera: NYLJ, p. 27, col. 3 (10/27/93) (Civ. Ct. Bronx; Heymann, J)

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