I read this on the internett and wanted to make sure of its accuracy. does this mean that if one receives a letter from a law firm for collection of the rent at the same time they receive the 3 day notice due that same rent being late, that i could argue that i actually have 30 days to pay or quit not 3? and that proceeding with eviction proceedings 4 days after receipt is premature?see belowWHO SIGNED YOUR 3-DAY PAY OR QUIT NOTICE?Take a look at the signature on your three-day notice for late rent. If it is signed by a lawyer hired by your landlord to handle an eviction, or by a management company who manages the property, you may be able to sue on the grounds that the demand violates the federal Fair Debt Collection Practices Act (15 U.S.C. § 1692 and following).The Fair Debt Collection Practices Act governs debt collectors and requires, among other things, that debtors be given 30 days in which to respond to a demand for payment. A federal appellate court in New York has ruled that whena New York attorney signs a pay or quit notice, he is acting as a debt collector. Consequently, the tenant must have 30 days to pay or quit, regardless of the state’s three-day provision. (Romea v. Heiberger, 988 F.Supp 712 (S.D.N.Y. 1997).)Although this ruling governs New York landlords only
State/Country relating to question: New York
I had spoken to them, they had previously said that i would be fined for late payment
Yes - if your 3-day demand for rent notice is signed by an attorney instead of your landlord, then the FDCPA may have been violated. This means you would be able to sue the attorney for $1,000 for violating the FDCPA. However, this would not make the 3-day notice void. Dearie v. Hunter, 705 NYS 2nd 519 (App. Term 2000).
I think this is what you wanted to know. If not, please let me know.Thank you.
the rent demand notice was signed by the management and a seperate letter was sent the same time but by the law firm. I guess that means the above doesn't apply?
Management has the right to ask for the rent - just like the landlord - so the FDCPA does not apply to management.
Expert in Landlord/Tenant Law. Licensed Real Estate Broker.
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