Prior Landlord Waived Right to Evict Tenant for Keeping Dogs

Landlord sued to evict tenant for keeping two dogs in his apartment in violation of tenant's lease. Tenant claimed that prior landlord had waived the right to enforce the relevant lease provision and asked the court to dismiss the case. The court ruled for tenant. Prior landlord's site manager had sent a written request to tenant in 2000 to meet to discuss the dogs. After that, prior landlord and, later, landlord, continued to collect rent from tenant. Tenant's lease also was renewed at least four times. And neither landlord nor prior landlord ever rejected the HUD subsidy that covered a portion of tenant's rent. Landlord and prior landlord knew or should have known about the dogs, but waited at least eight years before acting. Landlord had waived its right to proceed.

Park Lake Residences LP v. Lassic: NYLJ, 12/20/07, p. 29, col. 3 (Dist. Ct. Nassau; Fairgrieve, J)