Rent Demand Printed on Attorney's Letterhead

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's three-day rent demand violated the Fair Debt Collection Practices Act (FDCPA). The demand was signed by landlord but it was printed on the letterhead of landlord's attorney. Tenant claimed that the rent demand was an attempt at debt collection made by landlord's attorney. Under the FDCPA, a simple three-day rent demand by a debt collector isn't sufficient. The court ruled against tenant. Since the rent demand was signed by landlord, even an unsophisticated tenant should realize that the rent demand was sent by landlord, not landlord's attorney. Also, even if landlord's rent demand violated the FDCPA, it was sufficient notice to support landlord's nonpayment case.

E.77th Realty LLC v. Alin: NYLJ, p. 32, col. 2 (11/24/99) (Civ. Ct. NY; Malatzky, J)