Tenant Had Washing Machine for 16 Years

August 31, 2000

LVT Number: 14406

Landlord sued to evict tenant for having a washing machine in his apartment without landlord's prior written consent. This violated tenant's lease. Tenant claimed that landlord and prior landlord knew that he had the washer for 16 years before objecting. Tenant asked the court to dismiss the case without a trial. The court ruled for tenant. Even though tenant's lease contained a ''no waiver of lease provision'' clause, landlord had waived any right to evict for this reason. Both landlord and prior landlord had accepted rent from tenant for 16 years while the washer was there.

Landlord sued to evict tenant for having a washing machine in his apartment without landlord's prior written consent. This violated tenant's lease. Tenant claimed that landlord and prior landlord knew that he had the washer for 16 years before objecting. Tenant asked the court to dismiss the case without a trial. The court ruled for tenant. Even though tenant's lease contained a ''no waiver of lease provision'' clause, landlord had waived any right to evict for this reason. Both landlord and prior landlord had accepted rent from tenant for 16 years while the washer was there. And different building supers had seen the washer.

601 West Realty LLC v. Grigoroff: NYLJ, 8/30/00, p. 23, col. 4 (Civ. Ct. NY; Schachner, J)

Topics

More like this