Skip to main content

Can the HOA garnish rent? How do we avoid it?

Scottsdale, AZ |

The home has been in foreclosure for several years and should be closing via a short sale very soon.
The tenants were just served a writ of summons and garnishment..
Should the owner been given notice of this happening? Owner didnt receive anything.
So is the HOA allowed to garnish rent and is there a way to avoid this of course besides just paying it off?

+ Read More

Attorney answers 2


Collection of past due home owner's dues are a creature of local statute. What is allowed here in Florida may be completely different from what is allowed in Arizona. If it involves you in any way, see a lawyer


I'm not very sympathetic to this situation, so this will sound harsh. Just warning you.
If the property is been in foreclosure for several years, then payments are seriously behind on mortgage. Just as likely, payments to the homeowners association are likewise seriously behind. Meanwhile, the property is rented and rents are being collected which are obviously not being passed on to the mortgage company or used to pay the ongoing homeowners association dues. So as I understand it, you're collecting rent but not paying the underlying expenses. Thus, my lack of sympathy with the situation.

If you're the tenant, pay whoever the court orders you pay. It sounds like you're the tenant, because you claim that the owner never received any notice. That is obviously a lie. If what you received was a judgment, then the issue of giving notice to the owner is water under the bridge.

If you still have questions, you should see a competent attorney.

Disclaimer: This answer is provided as a courtesy to the specific person asking the question and for informational purposes only. While believed to be accurate, facts and circumstances of the situation that you did not disclose can and does significantly alter the better answer. Some presumptions were made in answering the question. Specific facts that are contrary to those presumptions make this advice and answer of no value. I am not your attorney until I expressly agree to do so. No attorney-client relationship is intended to be formed by the conversations on this site.