Tenant Gets Attorney's Fees for Successful Pet Law Waiver Defense

December 1, 2010

LVT Number: #23056

Landlord sued to evict tenant for keeping a pet in violation of her lease. Tenant claimed that landlord had waited too long to seek eviction on this basis and so waived its right to do so. The court ruled for tenant and dismissed the case, but refused to grant tenant attorney's fees. Tenant appealed and won. Since tenant won the case on her Pet Law waiver defense, she was entitled to attorney's fees under the terms of her lease and Real Property Law Section 234, which gives tenants a reciprocal right to attorney's fees where landlord claims a breach of the lease.

Landlord sued to evict tenant for keeping a pet in violation of her lease. Tenant claimed that landlord had waited too long to seek eviction on this basis and so waived its right to do so. The court ruled for tenant and dismissed the case, but refused to grant tenant attorney's fees. Tenant appealed and won. Since tenant won the case on her Pet Law waiver defense, she was entitled to attorney's fees under the terms of her lease and Real Property Law Section 234, which gives tenants a reciprocal right to attorney's fees where landlord claims a breach of the lease. The case was sent back to the trial court to determine the amount of reasonable fees due to tenant.

184 West 10th Street Corp. v. Marvits: NYLJ, 11/23/10, p. 26, col. 1 (App. T. 1 Dept.; Schoenfeld, JP, Shulman, Hunter, JJ)

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