Tenant Had Dog for Seven Years

May 31, 2002

LVT Number: 15858

Landlord sued to evict tenant for keeping a dog, in violation of his lease. Tenant admitted having the dog but claimed that landlord waived the right to object by waiting more than three months to start the eviction case. The court ruled for tenant and dismissed the case. Tenant claimed that he had the dog for seven years and walked it three times a day. Landlord offered no proof to the contrary. Landlord claimed that it had no employees at the building and that its management had no duty to report tenants' pets, so it had no notice about the dog until recently.

Landlord sued to evict tenant for keeping a dog, in violation of his lease. Tenant admitted having the dog but claimed that landlord waived the right to object by waiting more than three months to start the eviction case. The court ruled for tenant and dismissed the case. Tenant claimed that he had the dog for seven years and walked it three times a day. Landlord offered no proof to the contrary. Landlord claimed that it had no employees at the building and that its management had no duty to report tenants' pets, so it had no notice about the dog until recently. But to start the case, landlord relied on a statement by the building super that tenant had a dog.

Donner Gardens Co. v. Mora: NYLJ, 5/9/02, p. 24, col. 3 (Civ. Ct. Kings; Badillo, J)

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