Landlord Knew About Pet for over One Year

April 30, 1999

LVT Number: 13209

Landlord sued to evict tenant for keeping a dog in violation of his lease. The court ruled against landlord. Landlord appealed and lost. Although none of the witnesses at trial could show a specific time when landlord, tenant, and the dog were all present in the same place, there was sufficient proof that tenant kept the dog openly and was known to do so for one and a half years before landlord tried to enforce the no-pets clause. By law, landlord had given up his right to enforce the no-pets clause by not starting the case within three months after learning about the dog.

Landlord sued to evict tenant for keeping a dog in violation of his lease. The court ruled against landlord. Landlord appealed and lost. Although none of the witnesses at trial could show a specific time when landlord, tenant, and the dog were all present in the same place, there was sufficient proof that tenant kept the dog openly and was known to do so for one and a half years before landlord tried to enforce the no-pets clause. By law, landlord had given up his right to enforce the no-pets clause by not starting the case within three months after learning about the dog.

Buffa v. Johnston: NYLJ, p. 29, col. 1 (4/21/99) (App. T. 2 Dept.; Kassoff, JP, Aronin, Scholnick, JJ)

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