[bkrayenh]

My landlord has contacted my mom several times regarding rent that I am refusing to pay because he is withholding a pet deposit when I didn't have my dog. She is not on the lease, he only has her number as an "Emergency" contact, which this is not an emergency and is my business. I want to know if he is in violation of my rights, because I feel that he is. HELP!
bkrayenh

[progunr]

Write him a letter and send it via certified mail.

Tell him that he has disclosed your debt to a third party, which is a violation of the Fair Debt Collection Practices Law.

State that he is only allowed to communicate with you regarding this debt and that he must communicate only in writing. If he does so in any other manner, you will report him for those violations as well.

While the FDCPA is designed to apply to third party debt collections, it may be enough to make him straighten up his act. If this doesn't work, you may want to talk to an attorney.

Good Luck.

[Fr_Chuck]

I doubt this will fall under a violation of your rights, in fact you have no right to withhold any rents ( you will only be evicted) unless you have done this though a legal action filed and have a escrow account set up with a third party with all of the rent money put into it, that you will show to the court.
So at this point, either pay the rent, or expect to be evicted. He sounds like he is actually trying to be nice and helpful, I know you don't believe this, but if you want a deposit back you sue in court, not withhold rent.
He could merely evict you if you have not paid rent, and not have a problem doing it. So any calling trying to get you to pay your rent is being helpful.

So do YOUR actions legally pay your rent and now all of your late fees, and if he owes you money sue for that. Withholding rents is not a legal way to do things.

Rents due often has some exemptions as to debt collection, if he has sued you for back rents and this is a judgement he is collecting, then it differers.

[progunr]

I doubt this will fall under a violation of your rights, in fact you have no right to withhold any rents ( you will only be evicted) unless you have done this though a legal action filed and have a escrow account set up with a third party with all of the rent money put into it, that you will show to the court.
So at this point, either pay the rent, or expect to be evicted. He sounds like he is actually trying to be nice and helpful, I know you don't beleive this, but if you want a deposit back you sue in court, not withhold rent.
He could merely evict you if you have not paid rent, and not have a problem doing it. So any calling trying to get you to pay your rent is being helpful.

So do YOUR actions legally pay your rent and now all of your late fees, and if he owes you money sue for that. Withholding rents is not a legal way to do things.

rents due often has some exemptions as to debt collection, if he has sued you for back rents and this is a judgement he is collecting, then it differers.

He is not being helpful, period!

She is an adult, and his "calling her mother" is harassment, plain and simple.

It is a dirty tactic, designed to embarrass her into paying him, plain and simple. This is a common tactic used by less than honorable debt collectors who feel they can do or say anything to anyone, as long as they collect the debt.

Thank God there are laws to protect us from this type of individual.

He should deal with his renter, adult to adult. If that is unsuccessful, then he should take legal action, not go "tattle tale" to her mother, or anyone else for that matter.

[luvmylab]

I have to agree with Fr Chuck on this one. Progunr you might be correct about the landlord's tactics but Fr Chuck is right about the eviction. She needs to pay the rent and deal with the landlord in court. Not paying rent is only going to end in eviction.

[progunr]

I have to agree with Fr Chuck on this one. Progunr you might be correct about the landlord's tactics but Fr Chuck is right about the eviction. She needs to pay the rent and deal with the landlord in court. Not paying rent is only going to end in eviction.

OK. I'll fold. Fr_Chuck is right, the landlord is just being a very nice guy, he just wants to help his tenant out, I don't know how I could have ever suspected otherwise.

[luvmylab]

I'm not saying the landlord is right, I agree with you. He should not have called the tenant's mother. We are just looking at this issue from opposite sides. Fr Chuck and I see the issue of rent and you are looking at the landlord's actions. The tenant isn't going to have a pray in getting the pet deposit back in court if the landlord evicts her. The tenant isn't going to be able to sue the landlord for the pet deposit until the rent is made current.

[progunr]

I do not disagree with Fr_Chuck, or with you.

The question was not should I pay the rent, or should I get my deposit back, or should I be evicted.

The question was have my rights been violated.

With that being said, I'd like to call a truce on this one.