Rent Demand Doesn't Comply with Federal Law

May 31, 1998

LVT Number: 12383

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that since landlord's rent demand was signed by an attorney it had to comply with the Federal Fair Debt Collection Practices Act. The rent demand didn't provide a 30-day notice as required by that law. The court ruled for tenant and dismissed the case. The federal law provides that a notice must tell a debtor that he has 30 days to dispute the validity of all or a portion of a debt, and applies to attorneys involved in litigation to collect a debt. Unpaid rent is a debt under the law.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that since landlord's rent demand was signed by an attorney it had to comply with the Federal Fair Debt Collection Practices Act. The rent demand didn't provide a 30-day notice as required by that law. The court ruled for tenant and dismissed the case. The federal law provides that a notice must tell a debtor that he has 30 days to dispute the validity of all or a portion of a debt, and applies to attorneys involved in litigation to collect a debt. Unpaid rent is a debt under the law. And since a rent-demand notice under RPAPL section 711 is a ''communication'' within the meaning of the federal law, the three-day rent demand signed by an attorney doesn't meet the federal law's requirement for 30 days' notice.

Soho Tribeca Space Corp. v. Mills: NYLJ, p. 28, col. 6 (5/13/98) (Civ. Ct. NY; Martino, J)

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