No Signature on Rent Demand

September 30, 1997

LVT Number: 11813

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's rent demand notice was defective because no one had signed it. The demand notice contained a signature line followed by the name of a law firm representing landlord. The court ruled for tenant and dismissed the case. Although RPAPL section 711(2) doesn't explicitly require a signature on the rent demand notice, it does require that the notice clarify who's making the notice and indicate the authority of the person making the demand.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's rent demand notice was defective because no one had signed it. The demand notice contained a signature line followed by the name of a law firm representing landlord. The court ruled for tenant and dismissed the case. Although RPAPL section 711(2) doesn't explicitly require a signature on the rent demand notice, it does require that the notice clarify who's making the notice and indicate the authority of the person making the demand. Landlord's rent notice didn't provide tenant with a reasonable, unambiguous, and certain notice regarding who was making the rent demand and the degree to which that person had legally binding authority to represent landlord by writing the demand notice.

Anastasia Realty Co. v. Lai: NYLJ, p. 29, col. 5 (9/17/97) (Civ. Ct. Kings; Callender, J)

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