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|Included with membership:|
|The federal Fair Debt Collection Practices Act (FDCPA) requires that
debt collectors treat consumers fairly and prohibits debt collection
abuses and invasions of individual privacy.
Rental property owners acting on their own behalf or represented by their employees or property managers to collect past due rents or other debts or to file eviction notices are considered creditors and are not usually subject to the provisions of the federal FDCPA. Involving an attorney or even implying that one is involved can subject a landlord to the notification procedures of the Act.
While the FDCPA does not usually apply to landlords who collect their own debts, common courtesy would require that most of the rules be followed anyway. Furthermore, they must consider that some states have laws that regulate creditors collecting their own past-due accounts. Accordingly, landlords must research their own state statutes and fully comply with applicable laws.
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