Notice to Quit- Fair Debt Collection Practices Act

[JRose372]

In Massachusetts, if a Landlord is attempting to evict a fixed
term lease residential tenant for non-payment of rent, is there any requirement in a notice to quit that language from the fair
debt collection act (15 U.S.C. 1692) be included?

Thank you.

 

[Cvillecpm]

NO...landlords collecting on their own behalf are exempt. Most professional property managers and landlords, have the necessary wording on their pay/quit notices HOWEVER, it does not stop the process, just complies with the necessity for such disclosure.

If you want an eviction defense - this is not it.

 

[JRose372]

In Massachusetts, in a Notice to Quit for
non-payment of rent under a fixed term lease,
what specific language must I include in order to comply with the Fair Debt Collection Act

or is there no specific language that has to be included?

 

[Cvillecpm]

As required by federal law, you are hereby notified that a negative credit report reflecting on your records may be submitted to a credit reporting agency if you fail to fulfill the credit terms of your lease agreement.

THIS IS WORDING I HAVE PUT IN MY PAY/QUIT NOTICES. I GOT IT FROM A COLLECTION NOTICE SO I AM 99.9% SURE IT IS OK.

 

[JETX]

Let me also clarify....

The FDCPA only applies to third party debt collectors and does NOT apply to the creditor (as in your landlord). So, there is no requirement that the landlord or notices include ANY reference or compliance with the FDCPA.

 

[justathought]

If I remember right from another post, you're a landlord right? Check out www.massrha.com ... that's the Massachusetts Residential Housing Association. I received incredible help from them as a tenant, but from my understanding they more specifically cater to the needs of landlords/homeowners (mom-and-pop variety, not management companies), from the initial advertisement right up through the release of security deposit and thereafter if necessary.

They are very well versed in both the statutory and case law from the area. They also have smaller organizations within to get more specific (i.e. metro, south shore, northshore, etc.). They should be able to see you through the entire process or if it's more complicated, refer you to a lawyer that caters moreso to the needs of smaller landlords.

I utilized their services for simpler reasons and it was much cheaper than a lawyer and definitely helpful.

Best of luck!