Landlord Waited Too Long to Enforce "No Pets" Lease Clause

November 15, 2012

LVT Number: #24437

Landlord sued to evict tenant for violating a "no pets" provision of her lease. Tenant asked the court to dismiss the case, claiming that landlord waited more than three months to enforce the lease clause. The court ruled for tenant and dismissed the case. Landlord appealed and lost. Landlord had written to tenant on Sept. 22, 2009, to warn her that she would be fined for her barking dog and stated that dogs weren't allowed at the building. So landlord clearly had knowledge of the presence of tenant's dog.

Landlord sued to evict tenant for violating a "no pets" provision of her lease. Tenant asked the court to dismiss the case, claiming that landlord waited more than three months to enforce the lease clause. The court ruled for tenant and dismissed the case. Landlord appealed and lost. Landlord had written to tenant on Sept. 22, 2009, to warn her that she would be fined for her barking dog and stated that dogs weren't allowed at the building. So landlord clearly had knowledge of the presence of tenant's dog. Landlord then waited more than three months to bring an eviction proceeding, and therefore waived the right to object to this lease violation.

Noonan Plaza LLC v. Rubio: NYLJ, 10/25/12, p. 25, col. 1 (App. T. 1 Dept.; Lowe III, PJ, Schoenfeld, Torres, JJ)

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