Landlord Waived No-Pet Provision

November 24, 2015

LVT Number: #26636

Landlord sued to evict rent-stabilized tenant for keeping a dog in violation of her lease. Landlord also claimed that the dog created a nuisance. Tenant claimed that landlord waived the no-pet clause by waiting more than three months to start the eviction proceeding, and asked the court to dismiss the case. The court ruled for tenant. Landlord admitted knowing the dog was in the apartment as of Jan. 21, 2015, and didn’t start the case until May. So landlord waived the no-pet provision of tenant’s lease.

Landlord sued to evict rent-stabilized tenant for keeping a dog in violation of her lease. Landlord also claimed that the dog created a nuisance. Tenant claimed that landlord waived the no-pet clause by waiting more than three months to start the eviction proceeding, and asked the court to dismiss the case. The court ruled for tenant. Landlord admitted knowing the dog was in the apartment as of Jan. 21, 2015, and didn’t start the case until May. So landlord waived the no-pet provision of tenant’s lease. In addition, landlord’s nuisance claim was too vague and landlord failed to cite the Rent Stabilization Code in its court papers. But landlord could start another case based on nuisance if it properly stated these claims in new papers.

 

 

 

 

2328 Newkirk Ave Corp. v. Dames: Index No. L&T 0068051/2015, NYLJ No. 1202738915209 (Civ. Ct. Kings; 9/11/15; Finkelstein, J)

Topics

More like this