Is this legal? Or landlord harassment? (agreement, tenant, credit, house)

[jenk5557]

Any information on my saga would be greatly appreciated..........

Is there a Fair Debt Collections Act for Landlords in the state of California?

*Landlord has entered premises without written notice.
*Discussed my delinquency with people not on the lease.
*Continued to call my 15 year old on her cell phone despite my repeated request not to.
*Called at passed 9:00 pm and on holidays.

All this despite my payment arrangement that she agreed to...

[ZenMaster2008]

I'm confused why a LL would call a 15 yr old (unless he's a creepy old dude, but you said she)?

And why the LL had the number of the 15 yr old to begin with

[jenk5557]

Its the landlords wife. Apparently, she is under the impression if I do not respond to her emails or call immediately she can call my daughter & discuss my private matters with anyone who answers my door.
My daughter is now affaid to answer phone... its gotten out of hand. As for how she obtained number, I don't know

[ShaneSA]

What remedies have you persued? Call and or write the LL and make sure to include the LL's wife and notify her to stop. I know that's the first step in any dispute resolution. After that, it's a California specific problem.

[kodaka]

Landlord has entered premises without written notice.

This depends on the reason. There are legitimate reasons for a LL entering the unit without notice.

Discussed my delinquency with people not on the lease.

No. Under the Fair Debt Collection Practices Act, a debt collector cannot disclose any information about a debt to anyone other than the debt holder, their spouse, or their attorney. They may contact third parties, one time only, for the purposes of obtaining the debt holder's contact information if they don't already know it.

Continued to call my 15 year old on her cell phone despite my repeated request not to.

I do have to wonder, as above, how your LL managed to get your minor-aged daughter's cell phone number. It sounds like there is more to this LL-Tenant relationship. But no, they cannot contact your daughter because she is not responsible for the debt. Multiple calls constitute harassment under FDCPA and the fact that they are doing it to a minor should be brought to the FTC's attention immediately. Call 1-877-FTC-HELP to talk to an agent.

Called at passed 9:00 pm and on holidays.

Under FDCPA, the LL must make contact at a reasonable hour and place. The FTC defines this as between the hours of 8AM and 9PM Monday-Saturday. However, they recognize that for some people there may be other 'reasonable' times and places. For example, if a debtor works nights, it is not unreasonable for the collector to call late at night.

All this despite my payment arrangement that she agreed to...

Do you have the agreement in writing? If not, write down your recollection and mail it to the LL, certified mail so there is a record of it. If the LL disputes they must establish some written record of their understanding of the agreement.

Its the landlords wife

So in the OP you stated that you had an agreement with 'her' and now you are saying that 'she' is actually the LL's wife, not the actual LL. You might want to consider that 'she' entered a verbal or written agreement that she was not at liberty to agree to, and that when her husband found out he didn't agree with it and instructed her to collect the debt you owe? If that is the case, you both entered the agreement in bad faith, because you both knew that she wasn't the LL.

If you do already have a written agreement, you should inform the LL in writing that you are in compliance with that agreement and that they have violated numerous FDCPA regulations. Also send this certified mail.

You might want to print out these FAQs from the FTC and keep them on hand. Perhaps by the door or the telephone for the next time she stops by or calls.

You might want to include a copy of them with your letter that I mentioned above.

[tworent]

I have never talked to a tenants minor child and never will other then Hi is you mom or dad home and anyone who does has a problem or just an idiot. Come to think about it I would never be left alone with a minor in a house either. I would call the police and have him stay away from your child. The only one I do not have a problem with is Called at passed 9:00 pm and on holidays.

[Ultrarunner]

This is exactly how owners get into trouble...

You will never get into trouble following the law... (substitute... "Should never" for "Never)

The Landlord should have served a 3-day notice and then, if the debt remains unpaid, filed an unlawful detainer action with the court.

It is easy to see how landlords think they are doing the tenant a favor by not going by the book...

I've been in court, waiting for my case and heard all kinds of excuses as to why the Judge should delay or not grant eviction.

A 30 something mom pleaded with the Judge saying the Landlord knew she didn't have a phone and she gave him her teenage daughter's phone number and her daughters father's phone number to reach her and the landlord refused... saying he doesn't contact third parties...

So, it is easy for this type of situation to be a no-win for the owner...

It should be simple... either the money is late or it isn't.

If it is late, shame on anyone trying to cheat.

[JS1]

File a restraining order against the landlord's wife ASAP! Harrassing a minor on her cell phone is inexcusable and may be a criminal offense.