Rent Demand Signed by Managing Agent Was Valid

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The trial court ruled for landlord and found that tenant owed $11,680. Tenant appealed and lost. Tenant then appealed to a higher court and lost again. Before starting the summary eviction proceeding based on nonpayment, landlord sent tenant a five-day rent demand notice. The notice was signed by "C McGovern," handwritten above the typed phrase, "By Cathy McGovern, agent for QPH-143-45 Sanford Avenue LLC Landlord." Tenant claimed that the notice was invalid because it was signed by someone claiming to be the landlord's agent, without proof of such agent's authority to act on landlord's behalf. But tenant's lease stated only that "landlord shall give tenant written notice of default stating the type of default." The lease didn't expressly obligate landlord to act only personally or through an identified agent. So, although the rent demand indicated that it was signed by landlord's previously unidentified agent, the failure to include evidence of the agent's authority to bind the landlord didn't invalidate the notice under Real Property Actions and Proceedings Law Section 711(2).

QPII-143-45 Sanford Avenue, LLC v. Spinner: 2013 NY Slip Op 05083, 2013 WL 3336634 (App. Div. 2 Dept.; 7/3/13; Rivera, JP, Leventhal, Sgroi, Cohen, JJ)