Landlord Waited Too Long to Object to Tenant's Second, Oversized Dog

October 28, 2020

LVT Number: #31038

Landlord sued to evict tenant for violating the pet policy in tenant's lease. The lease permitted tenant to have one dog that was under 50 pounds. But tenant had added a second dog and that dog was over 50 pounds. Tenant argued that, based on the NYC Pet Law, landlord waived its right to enforce the lease clause because it waited more than three months to object to the second dog. The court ruled for tenant and dismissed the case. The building's pet policy didn't block application of the Pet Law's waiver provision. It didn't matter that the building permitted pets.

Landlord sued to evict tenant for violating the pet policy in tenant's lease. The lease permitted tenant to have one dog that was under 50 pounds. But tenant had added a second dog and that dog was over 50 pounds. Tenant argued that, based on the NYC Pet Law, landlord waived its right to enforce the lease clause because it waited more than three months to object to the second dog. The court ruled for tenant and dismissed the case. The building's pet policy didn't block application of the Pet Law's waiver provision. It didn't matter that the building permitted pets.

Macbain Dev. LLC v. Quintero: Index No. 71569/19, NYLJ No. 1599646811 (Civ. Ct. Kings; 9/1/20; Cohen, J)

Topics

More like this