QUESTION
Can I sue my family member for breach of contract for not paying the mortgage for the past 4 years?
Asked on Jan 04th, 2013 on Breach of Contract - Pennsylvania
More details to this question:
I bought the house my niece was going to lose to foreclosure under the condition that she would make the mortgage payments. There was a written formal lease agreement. She only made about 5 payments. She is taking advantage, ignoring calls etc. She is working making money. I have records to prove I've made all the payments for the past 4.5 years which is roughly 54K. I would like to sue her for the back payments. Can her wages be garnished and a judgment be entered?
1 ANSWER
Civil Litigation Attorney serving York, PA
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You have described the relationship with your family member as a typical landlord/tenant relationship. The remedies available to you are generally found within the written lease as well as the Landlord Tenant Act. Typically, you are able to sue for possession and/or unpaid rent at the magisterial district judge in which the residence being rented is situated, and, if successful, a judgment will be entered. If that judgment is not appeal, a judgment may be finalized. Although garnishment is not generally permitted in Pennsylvania, it is allowed for landlord/tenant disputes.
Answered on Jan 11th, 2013 at 2:04 PM