Landlord Waived Right to Object to Tenant's Dog

March 14, 2013

LVT Number: #24688

Landlord sued to evict tenant for violating a "no pets" clause of tenant's lease. The court granted tenant's request to dismiss the case without a trial. Landlord appealed and lost. Landlord wrote a letter to tenant in September 2009 addressing the issue of "dog barking" and warning tenant that she would be fined and that dogs weren't allowed in the building. But landlord didn't start the eviction proceeding against tenant for keeping the dog until some time after the three-month statutory deadline for objecting to the presence of a dog in an apartment.

Landlord sued to evict tenant for violating a "no pets" clause of tenant's lease. The court granted tenant's request to dismiss the case without a trial. Landlord appealed and lost. Landlord wrote a letter to tenant in September 2009 addressing the issue of "dog barking" and warning tenant that she would be fined and that dogs weren't allowed in the building. But landlord didn't start the eviction proceeding against tenant for keeping the dog until some time after the three-month statutory deadline for objecting to the presence of a dog in an apartment. Landlord therefore waived the right to object to tenant's dog despite its claim that it delayed because tenant had reassured landlord that he had removed the dog.

Noonan Plaza LLC v. Rubio: Index No. 570713/2012, NYLJ No. 1202588872270 (App. T. 1 Dept.; 10/22/12; Lowe III, PJ, Schoenfeld, Torres, JJ)

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