Landlord Gave Up Right to Evict Future Pets

Facts: Tenant moved into apartment in 1985. Tenant's lease stated that no pets were allowed. In 1987 tenant brought a large dog into the apartment. Landlord never brought any action against tenant for keeping the dog in violation of his lease. The dog died in October 1994. Within two months tenant got a new puppy. Two days after tenant got the new dog, landlord served tenant a notice to cure. Tenant kept the dog and landlord sued to evict him for violating his lease. Court: Landlord loses. The New York City pet law provides that a no-pet lease clause is waived if tenant openly and ''notoriously'' keeps a pet for at least three months and landlord takes no action within that three months. So landlord waived the enforcement of the no-pet clause in tenant's lease while tenant kept the first dog. Landlord argued that allowing the first dog to stay had no bearing on tenant's right to keep the second dog. But the no-pet clause wasn't revived when the dog died. The plain language of the law indicated that the no-pet clause was permanently waived for this tenant in this apartment when landlord didn't try to evict tenant within three months of keeping the first dog.

Park Holding Co. v. Emicke: NYLJ, p. 32, col. 3 (7/24/95) (Civ. Ct. NY; Madden, J)