Does my landlord have the right to contact persons that are not on my lease to discuss my account?

My landlord called my mom to ask if she could help me pay my rent. I am the only person on my lease, my mom is an emergency contact only and does not live with me. I am 39 years old, not 19, and I had been in daily contact with management and had informed them that my mother could not help me. What legal recourse do I have?

Asked on March 21, 2011 under Real Estate Law, Arizona

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your landlord now could be seen in a way as a creditor (at least that might be some attorneys' argument). If the landlord is considered a creditor or acts like a creditor, then the landlord must comply with the Fair Debt Collections Practices Act and cannot discuss the extent of your debt with non-debtors. Further, this is consider an invasion of privacy and to attempt now to essentially harass your mother and discuss with your mother your private affairs while you are a grown adult is an issue. Of course, this is all contingent on your mother not being a co-signer on your lease. Consider speaking with your local attorney general consumer protection division or the local HUD (Housing and Urban Development) office about this landlord tenant matter.


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