Landlord waives right to evict tenants who had washing machine for 16 years.
In a residential hold-over proceeding, landlord alleged that tenants installed a washing machine without the prior written consent of the landlord, in violation of the lease. Tenants argued that landlord and its predecessors-in-interest had waived any right to the relief sought. Uncontested proof showed that the tenants had operated a washing machine in the apartment for 16 years with the knowledge of the landlord and its predecessor. The lease contained a "no waiver of lease provision." The court concluded that, despite the nonwaiver clause, landlord had waived its right to evict the tenants. Landlord and its predecessor had accepted rent from the tenants during the entire time. Also, different superintendents had been in the apartment and had seen the washer. Tenants were granted summary judgement.
NY Law Journal