Tenant Hid Dog from Landlord

Landlord sued to evict tenant for keeping a pit bulldog in violation of the lease clause prohibiting pets. Tenant claimed that landlord didn't start eviction action within three months after she got the dog. She claimed that landlord had therefore waived any right under New York City law to evict her. The court ruled for landlord. Tenant claimed that she got the dog in February 1994 and walked it three or four times a day. But the building owner, superintendent, managing agent, and two other tenants testified that they first became aware of the dog in May 1994. The court found it likely that tenant hid the dog for three months, since her lease stated ''No Pets Allowed'' in large bold print in at least five different places. Landlord told tenant to get rid of the dog. Tenant did so for two months and then brought him back. Landlord then started the court action within one month of the dog's return. Landlord started the court case on time.

N.H.E. Realty Co. v. Leach: NYLJ, p. 32, col. 4 (12/27/95) (Civ. Ct. Queens; Haber, J)