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Jasontown Apartments v. Lynch

Decided: January 11, 1978.

JASONTOWN APARTMENTS, PLAINTIFF-APPELLANT,
v.
THERESA LYNCH; VINCENT AND ANNE HAAS; DANIEL AND LAURA PAULITSKA; JOHN AND LOIS KORTES; DOUGLAS AND CATHERINE HARRIMAN, DEFENDANTS-RESPONDENTS



Allcorn, Morgan and Horn.

Per Curiam

Plaintiff landlord appeals the trial court dismissal of its complaint seeking dispossession of defendant tenants for violation of the terms of their respective leases which prohibited the keeping of pets. The case was decided on the following stipulation of facts:

1. That CIB International, Inc. is the managing agent for Jasontown Apartments.

2. That there are approximately 674 apartment units at Jasontown Apartments.

3. That each defendant is a tenant at Jasontown Apartments under a written lease containing a provision prohibiting the keeping of pets.

4. That defendants Lynch and Harrison own cats and keep them at their apartments at Jasontown.

5. That defendants Paulitska, Kortes, Haas and Ippolito own dogs and keep them at their apartments at Jasontown.

6. As to defendants' separate defenses:

LYNCH: Plaintiff continued to accept defendants' rent; after having sent notice of termination and instituting this action plaintiff has given three present tenants written permission to keep dogs.

PAULITSKA: Plaintiff cannot verify or dispute that defendant received oral permission from the superintendent at Jasontown Apartments since the superintendent who allegedly gave permission is no longer employed by the plaintiff. Plaintiff cannot verify or dispute that an unidentified person gave defendant permission at an "office" which is also unidentified.

HARRIMAN: Harrimans' lease was renewed on October 14, 1975 for two years after notice of termination was served on them.

KORTES: For the reason stated in Paulitska, plaintiff cannot verify or dispute that defendant received verbal permission from an apartment superintendent and an unidentified man in the office when the lease was signed.

HAAS: Defendants have lived in their apartments for two years with a dog and that only three present tenants have been given written permission to keep dogs.

7. That no defendant in this action has been given a written waiver from the management office at CIB.

8. That it is the policy at CIB to require that any lease modification be written.

9. That apartment superintendents at Jasontown Apartments have no authority from the management office to negotiate or vary terms ...


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