Lease Clause Barred Pets

Landlord sued to evict tenant for keeping a dog in her apartment in violation of her lease. The trial court dismissed the case, finding that the no-pet clause in tenant's 1984 lease improperly amended tenant's original 1976 lease. Landlord appealed, and the appeals court reopened the case and sent it back for trial. The 1976 lease stated that pets couldn't be harbored without landlord's prior written consent and that landlord could revoke that consent at any time. The 1984 lease stated that tenant couldn't harbor pets without landlord's written consent and that landlord could take back the consent at any time for good cause on reasonable notice. Although the wording of the two provisions wasn't identical, the meaning was so similar that the terms and conditions of the two leases were the same.

Matthews v. Patten: NYLJ, p. 21, col. 1 (4/9/93) (App. T. 1 Dept.; Ostrau, PJ, Parness, Miller, JJ)