Can landlords garnish wages for rent? Well, it depends.
It can be financially challenging to pay outstanding past due rent. To collect exceptional amounts of money, a landlord has the right to take such actions as withholding or directly appropriating the tenant's wages. When landlords seize these funds, they have effectively "garnished" an amount from the tenant's wages.
Before a landlord can get involved and garnish a tenant's wages, this individual must first receive a court order to do so. If tenants have stated in the lease agreement that they will not be held liable for overdue rent, they are still fully responsible if they have already received a court order to pay money.
There are certain exceptions in which a tenant does not have to pay past due rent if the lease agreement stipulates this condition.
The right to garnish wages
Some of the situations in which a landlord can garnish the wages of a tenant include:
A landlord must be able to show that the tenant owes them money.
They must have the authority and proof of this debt through legal proceedings such as those mentioned above.
Outstanding rent amounts can be garnished by a landlord without a court order if, according to the lease terms, the renter has to pay all fees associated with this rental unit. In other words, all payments are "duly noted and incorporated" in the lease agreement.
Another stipulation in which landlords can legally garnish wages without a court order is if they file an eviction action. In the case of an eviction, the landlord can automatically garnish the tenant's wages until after the judgment. There must be proof of all fees due for any unpaid occupancy; therefore, these fees are in a landlord's lease agreement.
In addition, landlords who are not licensed to conduct evictions must file all court actions in their local district or superior court.
A landlord can also garnish wages without a court order if it is part of the rent agreement. The amount of money a landlord can legally garnish depends on the lease agreement or the lease itself.
The Bottom-line
The landlord cannot garnish their wages if the tenant's debt does not meet one of these stipulations. It is imperative to consult with an accomplished lawyer to understand the laws and statutes that govern this vital aspect of "can a landlord garnish wages?".
At Moran Law, our Michigan wage garnishment lawyers help residents put a stop to wage garnishments. Contact us for a free consultationganbankruptcyfirm.com/contact-moran-law/.
