[XrayDivaah]

I am renting from a relative with no rental agreement ever signed. He has not made any repairs that we not plumbing related to the unit in the 4 years I have been there, didn't even check on the property for months on end. I frequently acted as manager from him such as interviewing potential tenants from a vacancy he had and collecting rent from other tenants. Basically after a shooting in the building I want to move but now he is threatening to have my wages garnished for half of my paycheck for back rent I owe. I have photos of the structural damages to the property prior to me moving in. I also have photos of the damages such as the mold problem and water damages from the upstairs unit. I have no problem repaying the back rent but can he really have my wages garnished with no lease?

[cdad]

Did you ever pay rent for as long as you lived there? Was there some sort of verbal agreement? We you suppose to pay the same as the other tennents?

[ScottGem]

Yes he can garnish your salary, but not for half your paycheck and not without a court order.

What needs to happen is you will give him 30 days notice of your intent to move. He will then need to file suit against you for any unpaid rental. Such a suit will involve a hearing. At the hearing he is going to have to show that you were a resident and required to pay rent. He will also need to document how much you owe and any extenuating circumstances (i.e. uncompleted repairs). You will then present your said showing how much you think you owe.

The judge will then rule on the case and render a judgment for the amount you will owe. You will then have the opportunity to pay that amount in full or enter into an agreement for repayment. If you cannot pay in full or reach a mutual agreement, he will then be able to ask the court for a writ of execution to serve on your employer garnishing up to 25% of your pay.