Landlord’s Eviction Complaint Filed Prior to Expiration of FDCPA Letter’s 30-Day Notice Deemed Premature – Court Re-Affirms Lawyer Is a Debt Collector
Posted in Business & Commercial Law
In Cisero v Rosen, ESX-LT 27084-12, Essex County Court Judge Mahlon Fast (also the author of the New Jersey “Guide to Landlord Tenant Actions in Special Civil Part”) held that a residential landlord’s sending a Fair Debt Collection Practices Act (FDCPA) notice letter, and then, filing of an eviction complaint to be heard before the 30-day expiration of the FDCPA notice was grounds to dismiss the eviction action without prejudice. This case is important for residential landlords because it shows the pitfalls of filing eviction actions without consulting counsel. Continue reading
