Tenant Violated No Pets Lease Clause

December 1, 2001

LVT Number: 15440

Landlord sued to evict tenant for keeping a dog, in violation of his lease. Tenant claimed retaliatory eviction, which landlord denied. Landlord claimed that there were no fact questions and asked the court to rule in its favor without a trial. The court ruled for landlord in part, finding that tenant violated the no pets lease clause. But the court found that there was a question about retaliatory eviction that required a trial. Landlord appealed and won. Tenant unquestionably kept a dog, in violation of his lease, and landlord started the eviction case on time.

Landlord sued to evict tenant for keeping a dog, in violation of his lease. Tenant claimed retaliatory eviction, which landlord denied. Landlord claimed that there were no fact questions and asked the court to rule in its favor without a trial. The court ruled for landlord in part, finding that tenant violated the no pets lease clause. But the court found that there was a question about retaliatory eviction that required a trial. Landlord appealed and won. Tenant unquestionably kept a dog, in violation of his lease, and landlord started the eviction case on time. But tenant hadn't filed any complaint with a government agency about apartment conditions or otherwise complained before landlord started the case. So there were no grounds for a retaliatory eviction claim.

East 145 Co. v. Benayoun: NYLJ, 11/7/01, p. 18, col. 1 (App. T.1 Dept.; McCooe, PJ, Davis, Suarez, JJ)

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