If you quit or are fired from an apartment complex and you live on site, can they take your last check and pay rent with it?

I worked for an apartment complex and I moved on site but signed a month-to-month lease like regular residents. However, now I do not work there anymore and have to move off site can they take my last pay check and apply it to rent if there was nothing sign stating that they could ?

Asked on July 20, 2012 under Real Estate Law, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, no employer may withhold an employee's paycheck without the employee's consent or agreement, even if the employee does in fact owe money to the employer. (The only exception is withholding reaquired by law--like for FICA or court-ordered wage garnishment, such as for child support.)

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