Garnishment of wages for unpaid rent

Full question:

I have a very good friend who is a landlord and has been doing this type of business for almost thirty years now. He owns 10 residential houses in the Town of Chili, and owns two other houses in the City of Rochester, one of which is rented out to anybody he wishes to rent it to. This is the scenario, I had a good friend, 25 years old, as he no longer is who works at Bowlers World by drilling bowling balls with a salary of $10.00 per hour working 40 hours per week. It turns out that this now non-friend person was renting one of the two houses in the city of Rochester, along with another roommate. The rental agreement was a month-to-month agreement, but it was a verbal agreement by each of these two persons with the landlord that they would pay $600.00 per month. The tenants then made an arrangement with the landlord to make the payments on a weekly basis for $75.00 per week. The tenants occupied the residence prior to October 25th, 2008, which was the tenant's birth date. He had a large birthday party and was okay ed by the landlord to have one, and I was invited and attended it. The party was inside this 2 story house, and the 2nd story was used primarily for serving large amounts of alcohol while the invited guests provided tips for the alcohol that was stored in a large refrigerator on the 2nd floor. Tenant has and used his $1200 - $1500 DJ System consisting of two turntables, two CD players, a microphone or two, plus many very large speakers in a hallway to a back bedroom that was blocked by the speakers to this bedroom. The tenant and his roommate paid the rent payment for last week of October, and also paid the rent payment for the first week of November, tenant paid $75.00 and roommate paid $100.00. These two tenants then did not make the rent payments for the rest of the month of November and for the month of December at all. These two tenants had many parties in this two story house, with large amounts of alcohol was involved. Since these two tenants did not make their rent payments, the landlord then called his attorney to draft up an eviction letter with a 3 days notice for non-payment of rent in the amounts stated above of $600 per month owed. These two tenants did receive the eviction notice letter and they moved out in three days. The landlord and I then went into this two story house, and inside this house, especially the upstairs 2nd floor was totally littered with beer cans, liquor bottles every where you looked and I have taken date/time pictures and videos showing of this. Other things of interest: (1)... these two tenants used up all of the $300.00 - $400.00 worth of heating oil and never paid for it. (2)... these two tenants damage a window pane on front outside wall downstairs in the amount of $100.00 - $200.00 -------the tenants themselves totally removed the broken window pane (pictures were taken of this window too) (3)... these two tenants took and stole the refrigerator worth $600.00-$700.00 that is owned by the landlord. (4)... these tenants were growing their own marijuana in an upstairs bedroom (no pictures of this though) (5)... tenant bowls in three leagues per week, at a cost of $16.00 per league each week. (6)... tenant has his own cell-phone, and probably pays $60.00/month (7)... tennat is currently paying child support to ex-girlfriend, for two children till they are 18 years old We would like to take these two tenants to Small Claims Court in the City of Rochester and sue them for a total of about $2,000. However, the landlord thinks that we will not win the case for several reasons as follows: (1)..because the judges in City of Rochester favor the tenants and they are anti-landlords liberals/democratic judges (2)..because the rent was a month-to-month verbal agreement, rather than a month-to-month signed agreement (3)..because the judges who are liberals/democratic judges, look at the landlord and says he is wealthy -----mainly because he owns ten residential houses in the town of Chili as stated above. (4)..the landlord reduced the rent payments for some of the houses, so that he would have tenants in these houses. (5)..the landlord indicated that his cash flow or net cash worth is not very good, in order to maintain his properties (6)..the landlord thinks the democratic judges favor pro-students, people on welfare, and people whom are poor I said to the landlord, that tenant makes $10.00/hour and works 40 hours per week. I said to the landlord, that tenant just signed up for a cable tv plan priced at $35.00 per month with Time Warner. I said to the landlord, that tenant used to live with his grandparents, because he does not get along with his immediate family members. I said to the landlord, that the justice by the liberal/democratic judges in city of Rochester is unfair towards landlords. (Questions),... (1)..Is there a specific item in the US constitutional laws that would award the landlord of monies owed, and not lose the case? (2)..Is there a specific law in the US constitutional law that protects the landlords being treated, perhaps bias and unfair justice in city of Rochester(NY)? (3)..Is there a specific law in the US constitutional law that protects the landlord business owner, regardless number of properties own? (4)..What is the best method of approach, in order to have tenant's wages garnished for the monies owed? (5)..How can the democratic/liberal judge(s) in city of Rochester favor tenant, and not pay monies owed? (6)..I believe that roommate is not employed by anybody, but is self-employed as a DJ, how can we receive monies owed by him? (7)..If the tenant(s) do not appear in small claims court, then the landlord can automatically garnish the monies owed from tenant's wages. Correct? (8)..Is there anything specific to strengthen this small claims case of these two tenants, so that landlord is fully awarded monies owed to him?

• Category: Landlord Tenant
• Date: 04/07/2025
• State: New York

Answer:

(Questions),...
(1)..Is there a specific item in the US consitutional laws that would award the landlord of monies owed, and not lose the case?

Landlord/tenant disputes are primarily governed by state laws, although the U.S. Constitution has general guarantees of due process in applying these laws.

(2)..Is there a specific law in the US consitutional law that protects the landlords being treated, perhaps bias and unfair justice in city of rochester(NY)?

The due process guarantees under the Fifth and Fourteenth Amendments to the U.S. Constitution Clause provide that the government shall not take a person's life, liberty, or property without due process of law. The due process clause of the 5th Amendment applies to the federal government and the 14th Amendment applies to the states. Due process involves both procedual and substantive aspects. Procedural due process requires fairness in the methods used to deprive a person of life, liberty or property, while substantive due process requires valid governmental justification for taking a person's life' liberty or property.

Due process generally requires fairness in government proceedings. A person is entitled to notice and opportunity to be heard at a hearing when they have life, liberty. or property at stake. Laws should be applied to persons equally, without discrimination on prohibited grounds, which include gender, nationality, religion, race, handicap, or age.

(3)..Is there a specific law in the US consitutional law that protects the landlord business owner, regardless number of properties own?

There is no provision in the U.S. Constitution specifically addressing the rights of landlords. Classifications according to wealth or asset ownership are generally not protected classifications in constitutional law.

(4)..What is the best method of approach, in order to have Justin Wyman's wages garnished for the monies owed?

I am prohibited from giving legal advice. This service provides information of a general legal nature. In order to garnish a tenant's wages, a landlord must first obtain a court judgment in the landlord's favor. If the person fails to pay the judgment, the landlord may then use the unpaid judgment to request that the court issue a garnishment order.

(5)..How can the democratic/liberal judge(s) in city of rochester favor Justin Wyman, and not pay monies owed?

It will be a matter of determination for the court, based on the evidence presented. I am unable to speculate on the possible defenses that may be raised, but if the evidence is based on oral testimony, it will be up to the court to make a subjective decision on the credibility of the witnesses.

(6)..I believe that Tony Leonardo is not employed by anybody, but is self-employed as a DJ, how can we receive monies owed by him?

If you obtain a court judgment and he doesn't pay voluntarily, you can request a garnishment of assets, such as a bank account. If there are no cancelled checks available, it is possible to subpoena the judgment debtor to attend an examination in order to have questions regarding assets and their location answered under oath.

(7)..If the tenant(s) do not appear in small claims court, then the landlord can automatically garnish the monies owed from tenant's wages. Correct?

If the defendants don't answer, the landlord can win a default judgment (automatic win for the landlord), which may then be used to request a garnishment order if it remains unpaid.

(8)..Is there anything specific to strengthen this small claims case of these two tenants, so that landlord is fully awarded monies owed to him?

I am prohibited from giving legal advice. The strength of the evidence will depend on all the circumstances involved. For example, there may be cancelled checks which may be used to establish rental agreements. Witnesses may be able to testify to the property damages and theft claims. Before and after photographs/video may be introduced. The more tangible evidence that can be produced to support oral testimony, the likelier the chances are that the testimony will be seen as credible. Please see the information at the links below for tips on preparing for and presenting your case.

Please see the information at the following links:

http://smallclaimscourt.mypodcast.com/
http://www.smallclaimslawsuit.com/
http://www.sptimes.com/2007/03/04/news_pf/Business/10_tips.shtml
http://www.abcny.org/HowtoComplain/BiasComplaints.htm
http://definitions.uslegal.com/c/civil-procedure-direct-evidence/
http://definitions.uslegal.com/g/garnishment-of-wages/
http://definitions.uslegal.com/g/garnishments/
http://definitions.uslegal.com/j/judgment-debtor/
http://definitions.uslegal.com/e/execution-of-judgment-examination-of-judgment-debtor/
http://definitions.uslegal.com/e/execution-of-judgment/
http://definitions.uslegal.com/c/civil-procedure-default/

Please see the forms at the following links:

http://www.uslegalforms.com/landlordtenant/new-york-landlord-tenant-forms.htm
http://www.uslegalforms.com/us/US-61081.htm