Landlord Waited Too Long to Object to Tenant's Pitbull

Landlord sued to evict tenant for keeping a pitbull dog in his apartment in violation of her lease. Tenant claimed that she had kept the dog since she moved into the apartment in 2014, and that landlord's staff saw her walking the dog regularly. The court ruled for tenant and dismissed the case. Landlord's claim that it notified tenant of the illegality of maintaining the dog in a prior court proceeding was nothing more than a "backdoor attempt to revive the three-month window period already waived for years." In that case, tenant signed a settlement agreement that included a provision that, "Resp understands and agrees that she cannot have a dog in the apartment[.]" And while landlord alleged that other tenants feared the dog, there was no claim that the dog had vicious tendencies. 

Garvey v. Rodriguez: Index No. 55359/19, NYLJ No. 1570221630 (Civ. Ct. Kings; 9/9/19; Barany, J)