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  1. #1
    Join Date
    Jan 2009
    Posts
    3

    Default FDCPA in Florida Concerning Rent Collections

    My question involves collection proceedings in the State of: Florida

    I asked this in the eviction forum, but it may be more appropriate here in collections.

    I am starting the eviction process on my tenant. I live out of state (military) and plan to have a family member that lives in the area post the 3 day notice. I understand if a third party psots the 3 Day notice they may fall under the FDCPA. This is the case for attorneys. But, does the family member (not being paid) fall under the Fair Debt Collection Practices Act as a Debt Collector and have to follow the rules laid out in the act?

    Thanks!

  2. #2
    Join Date
    Jul 2008
    Posts
    853

    Default Re: FDCPA in Florida Concerning Rent Collections

    The FDCPA states that a debt collector is:

    (6) The term “debt collector” means any person who uses
    any instrumentality of interstate commerce or the mails
    in any business the principal purpose of which is the
    collection of any debts, or who regularly collects or
    attempts to collect, directly or indirectly, debts owed
    or due or asserted to be owed or due another.


    Since your family member is not in the business of collecting debt, they are acting as your agent, and are not using instruments of interstate commerce, they are not covered.


    Florida's eviction law:

    (3) If the tenant fails to pay rent when due and the default continues for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand by the landlord for payment of the rent or possession of the premises, the landlord may terminate the rental agreement. Legal holidays for the purpose of this section shall be court-observed holidays only. The 3-day notice shall contain a statement in substantially the following form:

    You are hereby notified that you are indebted to me in the sum of _____ dollars for the rent and use of the premises (address of leased premises, including county) , Florida, now occupied by you and that I demand payment of the rent or possession of the premises within 3 days (excluding Saturday, Sunday, and legal holidays) from the date of delivery of this notice, to wit: on or before the _____ day of _____, (year) .

    (landlord's name, address and phone number)

    (4) The delivery of the written notices required by subsections (1), (2), and (3) shall be by mailing or delivery of a true copy thereof or, if the tenant is absent from the premises, by leaving a copy thereof at the residence.


    Remember that monday is a holiday.

  3. #3
    Join Date
    Jan 2009
    Posts
    3

    Default Re: FDCPA in Florida Concerning Rent Collections

    Since your family member is not in the business of collecting debt, they are acting as your agent, and are not using instruments of interstate commerce, they are not covered.
    Thanks for interpreting "instruments of interstate commerce," to layman speak. I was figuring (hoping) as much, but wanted to ask anyway.

    And I did remember that Monday is a holiday...unfortunately.

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