Residential eviction landlord tenant actions based on non payment of rent, require the posting of a Three Day Notice on the tenant’s door in order to commence the eviction action.
Three Day Notices signed by attorneys in Florida, are regulated by the FDCPA turning the attorney into a Debt Collector. New case law in Florida requires Landlords who send such notices through their attorney, to abide by the Fair Debt Collection Practices Act, requiring, if the debt is disputed, to remit a detail of the debt and send required notices.
A notice sent by an attorney must disclose to the tenant that the attorney is a debt collector and is attempting to collect a debt and that any information obtained will be used for that purpose.
Within five days of the notice, the attorney must provide the tenant a list of information provided in 15 USC 1692g(a) which include a thirty day period to dispute the debt.
If the tenant disputes the debt within the 30 days provided by the FDCPA, the debt collector shall cease collection of the debt or any disputed portion thereof, until the debt collector obtain verification of the debt.
If you are being evicted, or you are a landlord requiring an eviction, we are here to help. At the Law Offices of Jacqueline Salcines, PA we have been practicing landlord tenant law for over 23 years. We are here to serve all your real estate needs.
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