Landlord Knew of Tenant's Washing Machine

LVT Number: 15274

Landlord sued to evict tenant for violating his lease because tenant kept a washing machine in his apartment. Tenant claimed that he had had the washing machine since 1976. He also pointed out that landlord and prior landlord accepted his rent checks all the time, knowing that tenant had the washing machine. The court ruled for tenant and dismissed the case. Landlord knew or should have known that tenant had had the washing machine for years. So landlord waived the right to object to the appliance.

Landlord sued to evict tenant for violating his lease because tenant kept a washing machine in his apartment. Tenant claimed that he had had the washing machine since 1976. He also pointed out that landlord and prior landlord accepted his rent checks all the time, knowing that tenant had the washing machine. The court ruled for tenant and dismissed the case. Landlord knew or should have known that tenant had had the washing machine for years. So landlord waived the right to object to the appliance.

Binaku Realty Co. v. Penepede: NYLJ, 8/15/01, p. 19, col. 3 (Civ. Ct. Bronx; Fiorella, J)