Enforce 'No Pets' Rule 'in Each Instance'
A court ruled that landlord could evict tenant for violating the "no pets" clause of his lease by getting a second dog, even though landlord hadn't enforced the rule regarding tenant's first dog. There was no lease waiver because the lease barred keeping dogs without landlord's consent "in each instance."
Landlord sued to evict tenant for violating the "no pets" clause of his lease. Tenant claimed that landlord couldn't object to his new dog since it only replaced his prior dog. The court ruled for landlord. Tenant appealed and lost. Landlord's failure to enforce the "no pet" provision in connection with tenant's first dog didn't create a waiver of the lease in connection with tenant's second dog. Tenant's lease barred keeping dogs without landlord's written consent "in each instance." Landlord promptly objected to tenant's second dog. There was no waiver. [EQR-Hudson Crossing A, LLC v. Kalouf: NYLJ, 12/12/11, p. 21, col. 3 (App. T. 1 Dept.)]