Landlord Waited Too Long to Evict Tenant for Keeping Dog

August 31, 2000

LVT Number: 14370

Landlord sued to evict tenant for keeping a dog, in violation of her lease. Tenant claimed that landlord knew she got the dog on June 1, 1999, and that it didn't start the eviction case until more than 90 days later. Landlord claimed that it had objected immediately, but was trying to settle the issue with tenant without a court case. The court ruled against landlord. Landlord had notice of the dog for more than 90 days before taking legal action. So, by law, landlord waived its right to object to the dog.

Landlord sued to evict tenant for keeping a dog, in violation of her lease. Tenant claimed that landlord knew she got the dog on June 1, 1999, and that it didn't start the eviction case until more than 90 days later. Landlord claimed that it had objected immediately, but was trying to settle the issue with tenant without a court case. The court ruled against landlord. Landlord had notice of the dog for more than 90 days before taking legal action. So, by law, landlord waived its right to object to the dog. There was no proof of fruitful, ongoing settlement efforts before then that might otherwise have extended landlord's time to start the court case.

Beach Haven Apts. #1 Inc. v. Cheseborough: NYLJ, 8/30/00, p. 25, col. 1 (Civ. Ct. Kings; Bedford, J)

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