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When a tenant vacates a property in Pennsylvania when taken…

Customer Question
When a tenant vacates a...
When a tenant vacates a property in Pennsylvania when taken to the first process of evocation without paying back and current rent? Can back rent be taken from their wages?
Submitted: 6 years ago.Category: Landlord-Tenant
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Answered in 1 minute by:
2/27/2012
Lawyer: OhioAtty, Lawyer replied 6 years ago
OhioAtty
OhioAtty, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 4,385
Experience: Well over a decade of training and legal experience in private practice.
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J.Hazelbaker :

Hello. Thank you for using JustAnswer.

J.Hazelbaker :

Yes.

J.Hazelbaker :

If the landlord gets a judgment against the vacating tenant that includes back rent, then the landlord can request a writ of garnishment.

J.Hazelbaker :

Pennsylvania law is very strict on garnishment

J.Hazelbaker :

and doesn't allow it for many reasons.

J.Hazelbaker :

However, it does allow garnishment for back rent on residential leases.

J.Hazelbaker :

Once the judgment is received, the clerk of court will have "garnishment" forms to fill out so pursue that method of collecdtion.

J.Hazelbaker :

Please let me know what follow-up questions you have. If my above responses have been helpful, please click Accept so that I get credit for the time/effort. You may always restart the thread and ask follow-up questions at any time by clicking the “Reply” button at the bottom of the question/answer thread. You can access this thread later in your profile under the “My Questions” tab.

JACUSTOMER-1r90bb26- : I just looke up writ of garnishment in pa and its says it wouldn't do that for back rent owed to landlord. That is take from wages or salary. What recourse do I have to get back rent
J.Hazelbaker :

Pennsylvania law specifically allows garnishment for back rent from a residential lease. I'm not sure what you were reviewing, but it is not accurate with regard to this question.

J.Hazelbaker :

In addition, you may do what is called "levying or attaching" a bank account.

J.Hazelbaker :

This is where the court issues you a writ that forces the bank to freeze the debtor's bank account and withdraw money to pay the judgment.

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