Landlord Didn't Waive Objection to Tenant's Second Dog

January 10, 2012

LVT Number: #23816

Landlord sued to evict tenant for violating the "no pets" clause of his lease. Tenant claimed that landlord couldn't object to his new dog since it only replaced his prior dog. The court ruled for landlord. Tenant appealed and lost. Landlord's failure to enforce the "no pet" provision in connection with tenant's first dog didn't create a waiver of the lease in connection with tenant's second dog. Tenant's lease barred keeping dogs without landlord's written consent "in each instance." Landlord promptly objected to tenant's second dog. There was no waiver.

Landlord sued to evict tenant for violating the "no pets" clause of his lease. Tenant claimed that landlord couldn't object to his new dog since it only replaced his prior dog. The court ruled for landlord. Tenant appealed and lost. Landlord's failure to enforce the "no pet" provision in connection with tenant's first dog didn't create a waiver of the lease in connection with tenant's second dog. Tenant's lease barred keeping dogs without landlord's written consent "in each instance." Landlord promptly objected to tenant's second dog. There was no waiver.

EQR-Hudson Crossing A, LLC v. Kalouf: NYLJ, 12/12/11, p. 21, col. 3 (App. T. 1 Dept.; Schoenfeld, JP, Shulman, Hunter Jr., JJ)

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