Landlord Waived Right to Object to Tenant's Pet

June 30, 2003

LVT Number: 16659

Landlord sued to evict tenant for keeping a dog, in violation of a no-pet clause in tenant's lease. Tenant asked the court to dismiss the case without a trial. The court ruled for tenant. Landlord appealed and lost. Landlord didn't start the eviction case within three months of learning that tenant had a dog. So landlord waived the right to object to tenant's dog.

Landlord sued to evict tenant for keeping a dog, in violation of a no-pet clause in tenant's lease. Tenant asked the court to dismiss the case without a trial. The court ruled for tenant. Landlord appealed and lost. Landlord didn't start the eviction case within three months of learning that tenant had a dog. So landlord waived the right to object to tenant's dog.

Montemuino v. Gelber: NYLJ, 6/9/03, p. 33, col. 1 (App. T. 2 Dept.; Patterson, JP, Golia, Rios, JJ)

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