Legal Question in Real Estate Law in New York

Eviction

I have recently been informed from my landlord that I cannot own a dog in my duplex. I feel that he has set a precident by allowing the occupants in the other duplex dwelling to keep a cat which is a violation of their no pet clause in the lease. He did not evict them for this violation. Now that I have a pet violating the no pet clause he is threatening to evict me. Can he do this?


Asked on 8/14/01, 11:00 am

1 Answer from Attorneys
Dan Blumenthal Berkman Henoch Peterson & Peddy

Re: Eviction

As a general rule, a landlord can enforce a no pet clause. In the City of New York, if the landlord or his agents fail to act within 90 days of discovering the pet, the clause is deemed waived. A Judge could also find an implied waiver if the landlord waited for a significant period after discovering the pet before seeking to evict. You are welcome to call me at 516-780-0270 if I can be of further help.

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Answered on 8/17/01, 7:39 am


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