If you see your tenant walking a dog or carrying pet supplies, or even holding a leach, say something immediately!

The tenant is aware of the no pets clause and will be documenting when they get the pet and every time/instance you should have known they were harboring a pet in their apartment.

Be prepared! As soon as you or your super see any indication of a pet or pet products, consult an attorney to draw up a notice on your behalf. Delaying serving the notice for three months could constitute a waiver of your rights to object to the pet.

This does not mean that if the pet is allowed, you must do nothing even if it is a nuisance. "New York courts have long recognized the validity of ‘no-pet clauses’ in leases, and harboring a pet when a lease contains a ‘no-pet clause’ constitutes a substantial breach of the lease agreement.

Knolls Coop Apts Section No ii v. Cashman, 14 N.Y. 2d 579" The court has ruled that a tenant’s future pet could be a nuisance, and notes the landlord is not estopped from seeking the removal of such animal, as a nuisance proceeding is specifically not waived under the Pet Law, Administrative Code § 27-2009.1 (d).

Noticed a tenant with a dog? You need to start a proceeding now.

Notify your tenant by serving a notice to cure. If they fail to cure within the time period provided, then follow up with a Notice of Petition and Petition.

Recently we filed several of these cases, which are on the rise and the intricacies are tricky. We have seen landlords struggle with tenants claiming the use of a “service dog” as a defense. Most of the time the animal and/or owner does not qualify for this exception.

Make sure you give us a call as soon as you have a pet concern, as it could make a huge difference in the outcome of your case.