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?
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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
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 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.
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