Landlord's Porter Was Aware of Tenant's Dog

February 1, 2002

LVT Number: 15583

Landlord sued to evict tenant for keeping a dog, in violation of his lease. The court ruled against landlord. Landlord appealed and lost. Tenant walked the dog past the building's security booth and around the building complex pathways every day. Landlord's porter saw tenant walk the dog. No action was taken by landlord against tenant for more than three months after tenant got the dog. So landlord waived its right to enforce the no-pets clause in tenant's lease.

Landlord sued to evict tenant for keeping a dog, in violation of his lease. The court ruled against landlord. Landlord appealed and lost. Tenant walked the dog past the building's security booth and around the building complex pathways every day. Landlord's porter saw tenant walk the dog. No action was taken by landlord against tenant for more than three months after tenant got the dog. So landlord waived its right to enforce the no-pets clause in tenant's lease.

Metropolitan Life Ins. Co. v. Datta: NYLJ, 1/29/02, p. 18, col. 1 (McCooe, JP, Suarez, JJ)

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