Trial Needed to Determine If Pet Waiver Applied

February 21, 2018

LVT Number: #28216

Landlord sued to evict tenant for keeping a dog in violation of her lease. Tenant claimed pet waiver. She said that she continuously and openly kept dogs for several years and that landlord waived any right to object because it didn't act within three months. The court denied tenant's request to dismiss the case without a trial. Tenant made no showing that landlord knew or should have known of her dogs. She failed to claim that landlord's employees were in her apartment at any time to observe the dogs. More facts were needed to decide the case.

Landlord sued to evict tenant for keeping a dog in violation of her lease. Tenant claimed pet waiver. She said that she continuously and openly kept dogs for several years and that landlord waived any right to object because it didn't act within three months. The court denied tenant's request to dismiss the case without a trial. Tenant made no showing that landlord knew or should have known of her dogs. She failed to claim that landlord's employees were in her apartment at any time to observe the dogs. More facts were needed to decide the case.

Silverleaf LP v. Matthew: 2018 NY Slip Op 50065(U), Index No. 36766/2017 (Civ. Ct. Bronx; 1/19/18; Lutwak, J)

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