Tenants Knew Landlord's Attorney Was Managing Agent

Landlord sued to evict tenants. Tenants asked the court to dismiss the case because landlord's termination notice was defective. They said the notice wasn't signed by landlord or landlord's authorized agent. The typewritten words ''Owner/Landlord'' appeared below the signature line on the notice, but there was no signature. Instead, landlord's attorney signed a cover letter sent with the notice. Landlord argued that there was no requirement to sign the termination notice. And the attorney's letter told tenants that landlord's attorney was authorized to act on behalf of landlord. The court ruled against tenants. After receiving the termination notice, tenants contacted landlord's attorney. They spoke to her on the phone several times while seeking to extend the time they could remain in the apartment. They also agreed to pay use and occupancy during this period. Since tenants attempted to settle the case with landlord's attorney, they couldn't now claim that they didn't know the attorney was landlord's authorized agent.

Dell v. Latouche: NYLJ, 4/7/04, p. 22, col. 3 (Dist. Ct. Nassau; Fairgrieve, J)