Tenant Claims Landlord Waived Right to Object to Washing Machine

May 31, 2003

LVT Number: 16623

Landlord cooperative corporation sued to evict tenant proprietary lessee for using a washing machine in his apartment, in violation of the building's house rules. Tenant asked the court to dismiss the case without a trial. He claimed that a former building super saw the washing machine in the apartment at times, so landlord had waived its right to object. The court ruled against tenant. Tenant's lease contained a standard provision that acceptance of rent with knowledge of tenant's lease breach wasn't deemed a waiver.

Landlord cooperative corporation sued to evict tenant proprietary lessee for using a washing machine in his apartment, in violation of the building's house rules. Tenant asked the court to dismiss the case without a trial. He claimed that a former building super saw the washing machine in the apartment at times, so landlord had waived its right to object. The court ruled against tenant. Tenant's lease contained a standard provision that acceptance of rent with knowledge of tenant's lease breach wasn't deemed a waiver. No other tenant had a washing machine, and more facts were needed concerning what the former super knew. For all of these reasons, a trial was needed to decide questions of fact concerning whether landlord waived enforcement of the house rule against washing machines.

255 Fieldston Buyers Corp. v. Michaels: NYLJ, 5/23/03, p. 18, col. 1 (App. T. 1 Dept.; Suarez, PJ, McCooe, Schoenfeld, JJ)

Topics

More like this