Is there any recourse for a tenant who’s former landlord won’t stop calling?

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Is there any recourse for a tenant who’s former landlord won’t stop calling?

The landlord is verbally claiming damages but has not sent anything in writing. (it’s been over 3 weeks since we moved out) He kept our security deposit but seems to think we will pay to replace 10 year old carpet if he keeps harassing us by phone. What can be done to stop him?

Asked on July 23, 2012 under Real Estate Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Very little can be done if he is calling on his own behalf; creditors or alleged creditors may contact their purported debtors fairly freely to collect money they claim is owed  directly to them. (If he was using a third-party collections agency, you could tell them to stop contacting you under the rules of the Fair Debt Collections Practices Act, or FDCPA.) You can simply hang up as soon as you hear his voice, or screen his calls and not pick up at all--nothing obligates you to talk to him. If he actually files a lawsuit seeking the money, you'd have to respond (file an answer) or lose by default; but unless and until he files a suit, you can ignore him.


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