Can a landlord garnish your wages for unpaid rent?
A landlord needs a money judgment for the rent or damages before it can take part of your pay and the judgment itself can often be challenged.
Can a landlord garnish your wages for unpaid rent? Yes, but only after winning a money judgment in court, the same as any private creditor, says the CFPB. An eviction order that only gives the landlord the apartment back is not enough; the court has to award an amount for rent, fees or damage. Then the usual limits apply.
How much a landlord judgment can take
Federal law caps it at 25% of take-home pay or the part above $217.50 a week if that is less, under 15 U.S.C. 1673. Many states protect more. Three states treat rent differently:
| State | Rent judgments and your pay |
|---|---|
| Pennsylvania | A landlord with a final judgment on a home lease is one of the few creditors who can reach wages, but only 10% of net pay or less to keep you above the poverty line (42 Pa.C.S. 8127) |
| Texas | Current wages stay exempt, rent judgments included (Tex. Prop. Code 42.001) |
| Alaska | Normal wage limits apply and the Permanent Fund Dividend loses its 20% exemption for unpaid rent (AS 43.23.140) |
For every other state, see wage garnishment laws by state.
Check the judgment first
Many rent judgments are entered by default, after a tenant had already moved and never saw the papers. If you were not properly served, ask the court that entered it to set it aside; the clerk can tell you the form and the deadline. Read what the judgment includes, too. Late fees must come from the lease, damage claims should be more than normal wear and the security deposit should be credited.
What does my notice mean?
What your notice says
The date printed on your paper is the one to beat. Call with it in front of you and a specialist goes through it with you.
Call 833-991-9547How to stop a landlord wage garnishment
- File the exemption claim on your garnishment papers inside the deadline your state prints on them. Your state’s page has the form and the days.
- Offer the landlord or its collector a payment plan or a lump sum. Landlords often accept, since a garnishment collects slowly; get a written release.
- Move to set aside a default judgment you never had a chance to fight.
- Rent owed from a past lease is usually wiped out in bankruptcy and the filing stops the garnishment under the automatic stay. See bankruptcy and garnishment.
Old rent debts sold to a collector follow the same rules. If nobody has sued yet, the time limit to sue is usually three to six years, per the CFPB.
Common garnishment questions
Can a landlord garnish wages without going to court?
No. A landlord is a private creditor, so it has to sue for the rent or damages and win a money judgment before any order can reach your employer.
Can a landlord garnish my bank account?
Yes, with the same money judgment. The bank freezes the account and you have a short time to claim exempt money such as benefits. See the bank levy page.
Can a former landlord garnish my wages years later?
A judgment lasts many years in most states and can often be renewed. If no lawsuit was filed, your state’s time limit to sue, usually three to six years, still applies.
Does my security deposit count against what I owe?
It should. State law makes the landlord account for the deposit and the judgment should credit it. If it does not, raise that in court.
Stop the old rent from taking your pay
An exemption claim, a payment deal or setting aside a default judgment can stop a landlord garnishment. Call now and a specialist goes through your papers with you for free.
Call 833-991-9547