Landlord Waited Too Long to Seek Eviction for Harboring Dog

December 7, 2014

LVT Number: #25838

Landlord sued to evict tenant for keeping a dog in violation of tenant's lease. Tenant asked the court to dismiss the case without a trial. The court ruled against tenant, who appealed and won. Landlord sent tenant a letter date July 8, 2013, which stated that "you are harboring a dog...a direct violation of your lease." This proved that landlord had knowledge of the dog at that time. Landlord didn't commence the eviction proceeding until more than three months later and therefore waived its right under the pet law to evict tenant for keeping the dog.

Landlord sued to evict tenant for keeping a dog in violation of tenant's lease. Tenant asked the court to dismiss the case without a trial. The court ruled against tenant, who appealed and won. Landlord sent tenant a letter date July 8, 2013, which stated that "you are harboring a dog...a direct violation of your lease." This proved that landlord had knowledge of the dog at that time. Landlord didn't commence the eviction proceeding until more than three months later and therefore waived its right under the pet law to evict tenant for keeping the dog. The case was sent back to the lower court to determine how much attorney's fees landlord must pay tenant.

174 LLC v. Goldstein: 45 Misc.3d 129(A), 2014 NY Slip Op 51563(U) (App. T. 1 Dept.; 11/3/14; Schoenfeld, JP, Shulman, Ling-Cohan, JJ)

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