Landlord Gave Up Right to Object to Tenant's Dog

April 30, 1996

LVT Number: 10596

Landlord sued to evict tenant for keeping a dog in violation of his lease. The court ruled for landlord, finding that tenant had violated the lease. Although tenant had kept the dog for three years before landlord objected, tenant's lease contained a ''no waiver'' clause. Tenant appealed and won. Landlord accepted rent from tenant for three years, knowing that tenant had the dog. Landlord waived the right to object to the pet.

Landlord sued to evict tenant for keeping a dog in violation of his lease. The court ruled for landlord, finding that tenant had violated the lease. Although tenant had kept the dog for three years before landlord objected, tenant's lease contained a ''no waiver'' clause. Tenant appealed and won. Landlord accepted rent from tenant for three years, knowing that tenant had the dog. Landlord waived the right to object to the pet.

Paulsen Real Estate Corp. v. Grammick: NYLJ, p. 29, col. 2 (4/17/96) (App. T. 2 Dept.; DiPaola, PJ, Stark, Ingrassia, JJ)

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