I'm under a chapter 13 bankruptcy. Can my landlord garnish my wages for back rent because I broke my lease?

Asked about 1 year ago - Sandston, VA

I broke my lease because I found out from his bank that he was in default of the home I was renting. After numerous attempts to contact my landlord and get this resolved, people started coming to my home saying that the property was foreclosing. I called his bank and they confirmed. He's now saying that he's going to sue me for 3 months back rent, and garnish my wages because I'm breaking the lease. How do I handle this? Should I let my trustee or attorney know his intentions? Thanks.

Additional information

Let me rephrase my statement. He's saying he's suing me for three months rent, not three months back rent. My rent has been paid faithfully since February 2010. I'm not in default. I gave him a 30 day notice on August 2nd. He just responded today saying that he wants me out by the 31st of August, and that he can legally sue me for up to 3 months rent for breaking the lease. He also admitted that he fell behind in the mortgage and had stopped paying his mortgage company.

Attorney answers (4)

  1. Gary D. Bollinger

    Contributor Level 19

    2

    Lawyers agree

    Answered . Your Landlord' position is very weak from a litigation viewpoint.

  2. JohnPaul Callan

    Contributor Level 10

    Answered . Confirm with your attorney that the landlord has received notice of the bankruptcy. This matter should be handled in the Ch. 13 plan.

  3. Brian Crozier Whitaker

    Contributor Level 17

    1

    Lawyer agrees

    Answered . He cannot garnish your wages while you are in a Ch13. Of course you should let your attorney know.
    You should know, however, that your BK is not going to discharge the rent you failed to pay after the BK was filed.

  4. Peter Walter Weston

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . You should let you bankruptcy attorney know about this situation, since you are in chapter 13.
    The lease agreement will need to be reviewed, and you likely will benefit further assistance from an attorney knowledgeable in landlord/tenant matters.
    Good luck

    General legal advice is offered for educational purposes only. A consultation with a qualified attorney is... more

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