Rent Demand Signed by Attorney Not Defective

March 1, 2000

LVT Number: 13933

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's three-day rent demand notice was defective because it was signed by landlord's attorney instead of landlord, and so violated the Federal Debt Collection Practices Act (FDCPA). The court ruled for tenant and dismissed the case. Landlord appealed and won. Even if landlord's rent demand notice was subject to the FDCPA, the FDCPA didn't provide for, or require dismissal of, a summary nonpayment case because of unauthorized debt collection practices by landlord's agents or attorneys.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's three-day rent demand notice was defective because it was signed by landlord's attorney instead of landlord, and so violated the Federal Debt Collection Practices Act (FDCPA). The court ruled for tenant and dismissed the case. Landlord appealed and won. Even if landlord's rent demand notice was subject to the FDCPA, the FDCPA didn't provide for, or require dismissal of, a summary nonpayment case because of unauthorized debt collection practices by landlord's agents or attorneys.

Dearie v. Hunter: NYLJ, 2/7/00, p. 24, col. 6 (App. T.1 Dept.; Parness, PJ, Freedman, Davis, JJ)

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