Could your landlord be violating Florida Law in his or her harassment of you for rent?

Landlord Harassment? Bully for a Landlord?

As discussed in one of our previous Blogs, the Florida Consumer Collection Practices Act (“FCCPA”) is a piece of legislation that was enacted to afford Florida citizens protection from creditors who practice debt collection in unreasonable manners. This act may provide more protection than just to traditional creditors such as banks or credit card companies etc. The act states “any person” can be subject to penalties for violation. Does this mean that your landlord falls under this act, and perhaps you, the renter, are protected from harassment by your landlord? We at Palmetto Law Group think so. The FCCPA defines consumer debt as, “as a personal debt that arises out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.” Fla. Stat. § 559.55(6-8).

Get a $50 15-minute Landlord Harassment Consultation

Whether your landlord is harassing you for rent, excessively texting you, calling your place of employment, or calling you late at night you might have a claim against your landlord for violating the FCCPA.

Request a $50 15-Minute Evaluation Today

It seems clear that a landlord tenant relationship results in a tenant owing the landlord a consumer debt and that Florida law does not allow a landlord to harass you for rent. Some of the following actions could result in your landlord being in violation of state law:

Eviction notices demanding in excess the rent owed by the tenant or indicating unlawful action if the tenant does not pay
Trying to collect a debt that is not due
Prematurely demanding rent
Changing locks or other self-help eviction actions
Disposing or seizing tenants’ personal property
Abusive, profane, or threatening language
Dislosing to third parties the debt owed
Contacting the tenant before 8am or after 9pm
Contacting the tenant so frequently that it becomes harassment

Bottom line is a landlord cannot harass you, or bully you, into paying rent. As a tenant you are not to be abused by your landlord. Landlord harassment is a serious matter that you should seek legal counsel for. If your landlord has done any of the previous or any other acts that you would consider overbearing, abusive, or harassing you may be entitled to not only actual and statutory damages up to $1,000. Depending on how egregious the debt collection is you may also be entitled to punitive damages and your attorney’s fees and court costs.

Still have questions? Feel free to use our custom search function below to find answers to your questions, or better yet just give us a call toll free at 1-855-529-7256, or simply reach out to us through our online portal.