Share Your Story: Renting To Attorneys

[Nathan Gesner]

Anyone ever rent to an attorney? Many property managers have horror stories and this one is mine, or at least part of it.

I had an attorney that was late on rent for the third month in a row. I served him a 3-day Pay or Quit Notice the first two months and he paid as soon as he received it. On the third month, I filed the 3-day Notice but also sent him a copy of his lease agreement with highlighted clauses and a summary of our payment policy. He had also asked permission to make landscaping changes and we had a written agreement saying what he was allowed to do, that he would hire the contractors, and that he would pay the contractors. He had been grumbling about this so I also included a copy of that written agreement (signed by him, me, and the Landlord). This was his response:

Through this letter, I hereby request proof that I am indeed the party you are asking to pay this alleged debt, and for proof that there is a binding contractual obligation to pay this alleged debt. Please provide adequate validation of this alleged debt, including but not limited to documentation of:

Complete payment history, the requirement of which has been established via Spears v. Brennan, 745 N.E. 2d 862 (Ind. Ct. App. 2001);

The agreement bearing the signature of me, wherein I agreed to pay;

The letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.) Coppola v. Arrow Financial Services, 2002 U.S. Dist. LEXIS 26788 (D. Conn. 2002) - Information relating to the purchase of a bad debt is neither proprietary nor burdensome. Debtor must clearly phrase their request to obtain: the source of a debt and the amount a bad debt buyer paid for plaintiff’s debt; how amount sought was calculated; where in issue a list of reports to credit bureaus; and documents conferring authority on third party to collect debt.

Documentation of the creation of the debt with your collection agency.

This 38-year-old attorney also cc'd a copy to his attorney father. Classy.

My response was more succinct.

He paid in full the next day.