Is it illegal for a landlord to put a clausein a lease that authorizes a tenant’s employer to deduct rent from the employee’ssalary?

UPDATED: Jul 28, 2011

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Is it illegal for a landlord to put a clausein a lease that authorizes a tenant’s employer to deduct rent from the employee’ssalary?

My lease says this: In case tenant does not pay rent on time, Landlord is hereby authorized to request rent be paid by Tenant’s employer. Furthermore, Tenant hereby requests and specifically authorizes his employer to deduct the rent from his salary and to pay it directly to landlord on time and without any delay upon presentation of a copy of this lease. We are self-employed, but we are looking for a way to get out of our lease so we are hoping this is illegal.

Asked on July 28, 2011 Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you signed the lease containing the above provision about deduction of the amount of your rental obligation to the landlord from your salary by your employer is unusual, but does not appear illegal if you and the landlord signed it.

However, my read of the provision is that your employer is under no obligation to honor the deduction provision from your salary. If your employer does not want to pay a portion of your rent out of the salary owed you to the landlord, he or she is under no obligation to do so. The landlord did not sign the lease and gets nothing except more more work to comply with the request.

If I was your employer, I would question why you are dragging me into your personal affairs.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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