Termination Notice Signed by Landlord's Attorney Not Defective

Landlord sued to evict tenant. Tenant asked the court to dismiss the case, claiming that tenant's 30-day termination notice was defective. Tenant claimed that the termination notice was signed only by landlord's attorney without a separate authorization attached from the landlord. Tenant relied on the "KFC Rule," which states that if a lease requires that a landlord sign a particular document, an attorney cannot substitute for the landlord in signing a document. The court ruled against tenant. In this case, the tenant had no lease, only a month-to-month oral agreement. Without a lease provision requiring landlord to sign the termination notice, outside New York City there's no requirement that the notification specifically be signed by landlord. The only requirement under Real Property Law Section 232-b is that notice be given.

Tomaz v. Banks: 2013 NY Slip Op 51013(U), 2013 WL 3242794 (City Ct. New Rochelle; 6/13/13; Kettner, J)