Legal Question in Landlord & Tenant Law in Pennsylvania
My tenant moved to philadelphia. I had the judgment follow them. Can i place a levy on her security deposit with her new landlord?
1 Answer from Attorneys
I don't believe so. First, how would you know where the security deposit was being held? It would be in a bank account in the name of the landlord. I suppose in theory that the landlord holds the security deposit in trust for the tenant, but I've never heard of the availability of something like that to satisfy an outstanding judgment. Nice thinking, though.
You can, however, take advantage of garnishing the tenant's wages. Normally, a judgment creditor can't do that in Pennsylvania, but there is an exception for landlords holding judgments against former tenants for past rent due. If you'd like to discuss the logistics of this exception in further detail, feel free to contact me offline. Best of luck to you.
Cary B. Hall, Esquire
Law Offices of Cary B. Hall, L.L.C.
121 East Chestnut Street, Suite 205
Souderton, PA 18964
T: (267) 663-9995
F: (215) 525-4364
http://www.carybhall.com
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