Three-Month Rule Doesn't Apply to Special Lease Clause

LVT Number: 13500

Facts: Tenant had one dog and one cat before she moved into an apartment in landlord's building and got a special lease clause permitting her to keep these pets in the apartment. Landlord later sued to evict tenant for keeping four dogs in the apartment, claiming that she violated the lease clause by having extra dogs. Tenant claimed that landlord didn't bring the eviction case within three months of learning of the dogs, and so had given up its right to do so. Landlord claimed it started the case within three months of learning of the dogs.

Facts: Tenant had one dog and one cat before she moved into an apartment in landlord's building and got a special lease clause permitting her to keep these pets in the apartment. Landlord later sued to evict tenant for keeping four dogs in the apartment, claiming that she violated the lease clause by having extra dogs. Tenant claimed that landlord didn't bring the eviction case within three months of learning of the dogs, and so had given up its right to do so. Landlord claimed it started the case within three months of learning of the dogs. Tenant asked the court to dismiss the case without a trial. Court: Tenant loses. It didn't matter whether landlord started the case within three months of learning about the additional dogs. Because tenant had a special lease clause, landlord was entitled to sue tenant at any time for breaching this provision.

69 W. 105 Corp. v. Fuentes: NYLJ, p. 23, col. 4 (8/4/99) (Civ. Ct. NY; Evans, J)