Can You Send Section 34 Demand Letter to the The Landlord of the Owner's Attorney ?
In Matthews Roofing Co. v. Community Bank & Trust Co., 194 Ill. App. 3d 200, 205, 550 N.E.2d 1189, 1192-93, 141 Ill. Dec. 143 (1990), a contractor sent a section 34 demand letter by certified mail to the owner's attorney, but the attorney's landlord actually signed for the letter.
The attorney admitted receiving the letter 4 days after the landlord accepted service, but nevertheless argued that only the attorney addressee can accept service of mailed notices under the Act, not his agent.
The court held that service upon the landlord was sufficient to activate the filing deadline under section 34, noting that the attorney had effective notice of the demand and its date "well ahead of the 30-day filing deadline." Matthews, 194 Ill. App. 3d at 205-06, 550 N.E.2d at 1193.