Broke Lease, Wage Garnishment

[leviathan860]

What is the name of your state (only U.S. law)? Illinois

Hello, I broke a lease after living in an apartment for exactly a month. The apartment was really bad and the landlord who was completely unwilling to acknowledge the legitimacy of my concerns. When I realized that he was basically a slumlord I knew I had to leave. I gave him 5 days notice and moved out. He is now asking for $2,100 rent and fees. It doesn't include a cleaning fee because I cleaned the apartment really well when I left.

I'm worried about him taking me to court and the judge not realizing he's a slumlord although I think I will have some evidence of this. I'm worried about him trying to wage garnishment, even though at this point, according to Illinois law, I don't make enough to garnish. I no longer work for the company that I was working for so he has no idea where I work and therefore how much I make. Is it common for slumlords to take these gray cases to court and try to garnishment on someone who currently makes below a garnishable amount? If things go forward I'll build my case and fight it. Also, I've heard that he's been taken to court multiple times for illegally keeping people's security deposits.

 

[Gail in Georgia]

What gray area? You broke the lease, giving the landlord just five days notice you were doing so.

Before you worry about wage garnishment, you'd best focus on what you will present as evidence in court should your landlord decide to file a lawsuit against you. Hopefully whatever you contacted your landlord about was done in writing so you have documentation of this.

Gail

 

[applecruncher]

the judge not realizing he's a slumlord although I think I will have some evidence of this.

Irrelevant. Slumlords get judgments all the time. You need to forget about the slumlord crusade. If the landlord wants to pursue it, finding out where you are employed is easy. If you have bank accounts they can also be garnisheed.

 

[leviathan860]

What gray area? You broke the lease, giving the landlord just five days notice you were doing so.

Before you worry about wage garnishment, you'd best focus on what you will present as evidence in court should your landlord decide to file a lawsuit against you. Hopefully whatever you contacted your landlord about was done in writing so you have documentation of this.

Gail

What makes it gray is whether or not it's a constructive eviction and to what extent did this landlord break landlord-tenant law. I have a bank account with a small amount of money in it.

Please, save the judgment. You haven't been through what I have with this slumlord and no one would put up with that type of living arrangement, so stop pretending that you would.

 

[Cvillecpm]

Yes - with a judgement, the slumlord can take up to 25% of your salary/paycheck....be afraid, very afraid

 

[Baranov]

Is it common for slumlords to take these gray cases to court and try to garnishment on someone who currently makes below a garnishable amount?

It's also very common for deadbeat tenants to label landlords as slumlords when they get in over their head. If your wages are so low as to be non "garnishable", then maybe you should not be renting and should be back with mom and dad.

BTW, slumlords serve a purpose. Ask any slum tenant.

 

[TigerD]

I no longer work for the company that I was working for so he has no idea where I work and therefore how much I make.

A lot of debtors think that. And most of them are surprised how quickly and easily that information is found.

DC

 

[applecruncher]

"constructive eviction"?

By your own admission, you moved out after only one month. Did you not look at the place before moving in? If it's such a dump, why did you move in?

As far as the horrible living situation, you haven't given any specifics. What exactly are you talking about? (Also, you have no idea what other people would put up with.)

You seem to be focused on letting some judge know LL is a slumlord. Judges see dozens of them everyday.

 

[Hot Topic]

Courts aren't interested in "I've heard." They require evidence.

If he takes you to court, come back at him with the registered letters that you sent him via certified mail, return receipt requested regarding the problems that existed in the apartment. Show the judge the pictures that you took of those problem areas when you first moved in. The photo shop that developed them should have dated them. Look up the law that says if the tenant feels their living unit is a slum, they can automatically break their lease with no penalty and offer that into evidence.

 

[Cvillecpm]

Levi - don't twitter, have a facebook page, put in a forwarding order with the USPS....don't apply for ANY credit....don't rent ANY movies....don't join ANY clubs and don't think your ex-landlord can't find you.....he can run your credit report 2X annually * once every 6 months. He can subscribe to several landlord/pm services that actually SNIFF you out...you can RUN, but you can not HIDE.....finding ex-tenants is VERY EASY

 

[leviathan860]

It's also very common for deadbeat tenants to label landlords as slumlords when they get in over their head. If your wages are so low as to be non "garnishable", then maybe you should not be renting and should be back with mom and dad.

BTW, slumlords serve a purpose. Ask any slum tenant.

You don't know who I am, so again, save the judgment. I make enough to pay my rent, I've always paid my rent over 4 years of apartment living since I moved out of mom and dad's house except for this case. And actually I did pay rent in this case. I just moved out because of horrible conditions and a landlord who refused to follow the law or his own lease. Not being able to pay is NOT the issue. And again, unless you've lived in this situation and were stupid enough to put up with it, then don't look down on me.

You act like slumlords are never in the wrong. I'll bet you're one of them. You probably make a fortune on shady deals.

 

[Gail in Georgia]

Hot Topic described what you must show to the court should your former landlord file a lawsuit against you for breaking this lease.

Hopefully any contact with the landlord regarding requests for repairs, etc.. were in writing (and you kept copies) and that you have pictures showing the condition of the rental unit to present as evidence to justifying the breaking of the lease.

IF the issues involved repair requests that were not responded to in time by the landlord, Illinois does allow for the tenant to initiate these repairs and take the amount off the rent. However, a landlord must be given 14 days to respond to these repair requests.

Since you've not provided this forum with any specifics on what made this place so terrible and the landlord a slum landlord, no one here is pretending anything in regards to whether or not we'd put up with the same thing you claim you had to as we have no idea what this involved.

Gail