Olean, NY asked in Animal / Dog Law and Landlord - Tenant for New York

Q: Would repeated dog attacks constitute a breach of warrenty of habitability and/or breach of quiet enjoyment in nys.

1 Lawyer Answer
Steven Warren Smollens
Steven Warren Smollens
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: Dear Olean Tenant:

A single dog attack is a crime. Repeated attacks are a crime wave. Did you call the police? Did you inform your landlord?

The Statutory Warranty of Habitability is not invoked before the tenant notifies the landlord of the dangerous, defective, and hazardous condition (a neighbor with an unrestrained pattern of attacking another neighbor with a dog) and the landlord has time to deal with the problem and did not.

Likewise, the Landlord cannot breach the lease without knowledge of the nuisance and objectionable conduct of the offending neighbor and doing nothing about remedying the problem.

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