Landlord Waived Right to Object to Tenant’s Dog

March 17, 2016

LVT Number: #26841

Landlord sued to evict tenant for violating her lease by keeping a dog without landlord’s permission. The court ruled against landlord, who appealed and lost. Tenant showed that she had kept the dog openly and notoriously for more than three months before landlord objected. Tenant walked the dog through the public hallway and outside the building twice a day. Landlord’s employees saw the dog when they performed repairs to tenant’s apartment, and the super talked with tenant’s family about the dog.

 

 

 

Landlord sued to evict tenant for violating her lease by keeping a dog without landlord’s permission. The court ruled against landlord, who appealed and lost. Tenant showed that she had kept the dog openly and notoriously for more than three months before landlord objected. Tenant walked the dog through the public hallway and outside the building twice a day. Landlord’s employees saw the dog when they performed repairs to tenant’s apartment, and the super talked with tenant’s family about the dog.

 

 

 

149th St., LLC v. Rodriguez: 50 Misc.3d 139(A), 2016 NY Slip Op 50146(U) (App. T. 2 Dept.; 2/5/16; Pesce, PJ, Weston, Aliotta, JJ)

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