Landlord Gave Up Right to Object to Tenant's Cats

June 30, 2005

LVT Number: 18191

Landlord sued to evict tenant for keeping two cats, in violation of her 1964 lease. Tenant claimed a waiver. The super observed the two cats in tenant's apartment in November 2004. It was the first time he had visited the apartment. Tenant testified that she had kept different cats over the years, that prior landlord saw the current cats in her apartment in 2000, when he and prior super came to fix some ceiling damage. The court ruled for tenant and dismissed the case. Tenant had kept the cats openly in her apartment for some time.

Landlord sued to evict tenant for keeping two cats, in violation of her 1964 lease. Tenant claimed a waiver. The super observed the two cats in tenant's apartment in November 2004. It was the first time he had visited the apartment. Tenant testified that she had kept different cats over the years, that prior landlord saw the current cats in her apartment in 2000, when he and prior super came to fix some ceiling damage. The court ruled for tenant and dismissed the case. Tenant had kept the cats openly in her apartment for some time. Landlord waived its right to enforce the ''no pets'' clause of tenant's lease.

184 W. 10th St. Corp. v. Marvits: NYLJ, 6/8/05, p. 22, col. 1 (Civ. Ct. NY; Cavallo, J)

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