Lease Had Non-Waiver Clause

Landlord sued to evict tenant for keeping a dog in violation of his lease. The trial court ruled for landlord, and tenant appealed. The appeals court ruled for tenant, finding that landlord had accepted rent while knowing that tenant kept a dog. The court found that this constituted a waiver. Landlord then appealed, claiming that there could be no such waiver under tenant's lease. The appeals court ruled for landlord. Tenant's lease contained a clause stating that landlord's acceptance of rent with knowledge of any lease violations didn't constitute a waiver of such violation, and that any lease violation could be waived only by written agreement.

Paulsen Real Estate v. Grammick: NYLJ, p. 31, col. 4 (11/10/97) (App. Div. 2 Dept.; Bracken, JP, Joy, Altman, Goldstein, JJ)