can a landlord have your pay check garnished for back rent?

Question

My landlord and I are in a dispute. He agreed to have me pay him an extra 50 bucks a month to catch up on the past due balance. However,today he insulted my wife and said that we had to pay him 2 rents by the end of the month, or get out. I understand that he is frustrated, but I am trying to rectify the situation, but this is unacceptable to him.What are my rights? He threatned to have my wages garnished. I live in Pennsylvania

Answer 1

If your pay check was short or missed what would you do?

There are steps that the landlord has to take to get some one out, but you will end up owing the rent plus costs that he incurs getting you out.

Unless the agreement was in writing it isn't of much use, & even then it's value isn't much in this case. The timing of the agreement, & payments made by you will govern in tthis.

What you owe in rent is what this is all about.

The best thing for you is to pay what he asks when he asks for it. If you don't, before long you are going to be in the street.
And you will still owe him the rent. He can take you to court & then when you look to rent else where, you will have this mark against you.

Answer 2

Obviously rules vary state by state but from what I understand if you sue someone for money they owe you and you have reason to believe they will not pay even with the court judgement you can ask the judge to order a wage garnishment. It's extreme and not used much in such cases but it can happen. You can also ask that payments be made through the court system so that if the person doesn't pay they will be sought after by the court.
They mostly use wage garnisment for back child support and other matters of the state like when people are fined and do not pay the fines. It's the governments way of just reaching out and taking what they think is theirs. Most likely though if he were to take you to court a compromise will be made and you will be given a reasonable chance to pay. If you can prove to the judge you can't pay the amount your landlord wants in the time he wants you to, you can offer a settlement amount or deal to make payments and this deal may be accepted by the judge and your landlord will have no choice. I think as long as you show your trying to rectify the situation, be honest about what you can afford (fill out a financial affidavit)- and court will understand or at least work with you. Just be prepared to show proof of what you've been paying and when. Make yourself a paper trail to cover your butt. If he goes through the trouble of taking you to court he's likely to pull out all the punches so be prepare to defend yourself with documents, bank statements, voided checks, receipts for payments, etc.
Good luck!

Answer 3

Your landlord is either blowing smoke or is uninformed. In PA your wages can ONLY be garnished for taxes or child support. http://www.fair-debt-collection.com/state-wage-garnishments.html#39

Hopefully you have the agreement to pay the extra $50 a month in writing. It's still valid if it's just oral but proving that in court may be difficult unless you have proof that it's been going on that way for a few months.

Basically if you are behind in your rent the landlord can start eviction proceedings. The courts usually favor landlords in eviction cases where the rent is unpaid. Also, in PA, a landlord can detain your personal belongings for unpaid rent. There are exceptions for clothing, tools, and property that is pledged as security for a loan, etc., but it is an onerous right still available to PA landlords. Hopefully your landlord does NOT know about that nasty piece of the PA Landlord & Tenant Act.

Here's a link to the PA Landlord & Tenant Act: http://www.attorneygeneral.gov/uploadedFiles/Consumers/landlord_tenant_act.pdf It's a difficult read, so you may wish to consult with an attorney on some of it's more onerous provisions.

Answer 4

All he has to do is put a notice on your door that you be out in three days or pay the entire amount and you're out. Make plans now to move before you lose everything you own. Start with renting a storage unit and taking most of your stuff there ASAP. Before any garnishment can take place he has to take that to court. Depending on how quick his attorney can get this in front of a judge, well it could be pretty quick, and this guy sounds serious. He's giving you an out...and that's to leave before he hurts your ability to get another apartment. Hurry and get another apartment before this ends up in the court. Borrow from family if you have to to get this moving in a good direction for you. Downsize to a one bedroom if you have to, for a while. And both you and your wife be employed so you can afford your next apartment..

Answer 5

in ny he can only garnish your wages if he has a court judgement against you. he also cannot evict you without 30 days written notice. dont know if the rules are the same there or not.

Answer 6

hes got to many fingers in the pie......
he needs a judgement, to garnish.....
he has to evict to get a judgement....
by accepting any money thru that process....puts him back to square one.....everytime he wants to start it again, he has to pay a filing fee.......
just get him to accept anything, to keep the process in a holding pattern.

Answer 7

yes