Rent Demand Signed by Attorney

April 1, 1999

LVT Number: 13130

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's three-day rent demand notice was improper. The rent demand was signed ''Kew Gardens Hills Associates'' by a named attorney who was identified as ''attorney and authorized agent for landlord,'' and whose business address was listed. An attachment to the rent demand stated that the attorneys of the law firm were authorized to act as landlord's agents. The court ruled for tenant and dismissed the case. Landlord's three-day notice violated the Federal Debt Collection Practices Act.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's three-day rent demand notice was improper. The rent demand was signed ''Kew Gardens Hills Associates'' by a named attorney who was identified as ''attorney and authorized agent for landlord,'' and whose business address was listed. An attachment to the rent demand stated that the attorneys of the law firm were authorized to act as landlord's agents. The court ruled for tenant and dismissed the case. Landlord's three-day notice violated the Federal Debt Collection Practices Act. Under this act, landlord's attorney is a debt collector. A three-day notice is proper only if signed by landlord. Once signed by an attorney, other requirements apply to the notice that weren't met here.

Kew Gardens Hills Assocs. v. Tillet: NYLJ, p. 32, col. 3 (3/18/99) (Civ. Ct. Queens; Cavallo, J)

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