Tenant Gets More Time to Correct Lease Violation

December 1, 2001

LVT Number: 15488

Facts: Landlord sued to evict tenant for keeping a dog, in violation of her lease. Tenant claimed waiver. She said that landlord knew she had the dog yet continued to accept rent and renew her lease. Landlord argued that its management office didn't know about the dog until shortly before it started the eviction case. There was no claim that the dog created a nuisance. Court: Landlord wins. Although the super may have known about the dog, tenant didn't show that management knew. So there was no waiver. And tenant's lease strictly barred keeping pets.

Facts: Landlord sued to evict tenant for keeping a dog, in violation of her lease. Tenant claimed waiver. She said that landlord knew she had the dog yet continued to accept rent and renew her lease. Landlord argued that its management office didn't know about the dog until shortly before it started the eviction case. There was no claim that the dog created a nuisance. Court: Landlord wins. Although the super may have known about the dog, tenant didn't show that management knew. So there was no waiver. And tenant's lease strictly barred keeping pets. The court gave tenant two months instead of the usual 10 days to correct the lease violation by removing the dog.

ATM One LLC v. Albano: NYLJ, 11/7/01, p. 22, col. 2 (Dist. Ct. Nassau; Asarch, J)

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