Based upon several recent cases in federal and state courts in New York, residential landlords who use attorneys or agents to give tenants default or eviction notices, may have to comply with the federal Fair Debt Collection Practices Act (the "Act"). The notice requirements of the Act are typically more onerous than the notice requirements of state landlord/tenant statutes, including the Pennsylvania Landlord and Tenant Act. In the case of inconsistency, federal law would supersede and govern the notice requirements. Accordingly, landlords will want to avoid having to comply with the Act. The requirements of the Act apply only to notices given by a "debt collector," which is defined as any person who collects debts "owed or due another." Thus, if the landlord gives the default or eviction notice itself rather than using an outside attorney or agent, the notice requirements of the Act would not be applicable.
Federal Fair Debt Collection Practices Act May Apply to Rent Collection Practices
This article was edited and reviewed by FindLaw Attorney Writers | Last reviewed March 26, 2008
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