Landlord Waived No-Pet Lease Clause

October 31, 2011

LVT Number: #23704

Landlord cooperative corporation sued to evict proprietary lessee for keeping a dog without consent, in violation of her lease. The court ruled against landlord and dismissed the case. Both landlord and lessee appealed. Landlord claimed that it delayed starting the case because lessee promised to resolve the issue. But landlord was required by law to start the eviction proceeding within three months after discovering the dog. So landlord waived the right to evict on these grounds. The court also denied lessee's appeal seeking attorney's fees.

Landlord cooperative corporation sued to evict proprietary lessee for keeping a dog without consent, in violation of her lease. The court ruled against landlord and dismissed the case. Both landlord and lessee appealed. Landlord claimed that it delayed starting the case because lessee promised to resolve the issue. But landlord was required by law to start the eviction proceeding within three months after discovering the dog. So landlord waived the right to evict on these grounds. The court also denied lessee's appeal seeking attorney's fees. Lessee clearly violated her lease by keeping the dog, and had promised landlord she would get rid of the dog. So she wasn't a prevailing party entitled to attorney's fees.

Toledo Mutual Housing Corp. v. Schwartz: 2011 NY Slip Op 21363, 2011 WL 4953002 (App. T. 2 Dept.; 10/14/11; Steinhardt, JP, Pesce, Weston, JJ)

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