A person who moves into a residence and agrees to pay rent is legally obligated to so do. If a person fails to pay the rent, then the landlord may attempt to collect on the debt through legal force. In certain cases, the landlord may be allowed to garnish the person's income. However, a private creditor cannot legally siphon off money from a person's Social Security benefits.
Garnishment
Garnishment is a debt collection tactic that must be specifically authorized by a civil court of law. If a creditor attempt to pursue the garnishment of a person's wages without the permission of a court---even if the debtor previously agreed to the garnishment---this is illegal. To win a garnishment order, a landlord would have to file a lawsuit in civil court, win a legal judgment awarding him the money and then convince a judge to issue the order.
Federal Benefits
According to federal law, there are a number of sources of income that under no circumstances can be subject to garnishment. Among these are nearly all types of federal benefits. As Social Security payments, including regular retirement benefits, disability benefits and Supplement Security Income, are issued by the federal government, they are protected from legal garnishment by all private creditors.
Unpaid Rent
When a person owes unpaid rent, this is considered a private debt. Therefore, because private creditors are not allowed to garnish government benefits, the creditor would not be allowed to receive a garnishment order to take a debtor's Social Security benefits. Even if a judge were to---illegally ---issue a garnishment order on a person's Social Security benefits for a private creditor, the Social Security Administration would not honor it.
Considerations
While a person cannot have his Social Security benefits seized by private creditors such as landlords, he may be able to have it taken from him by a government agency to which he owes money. If a person fails to pay the taxes that he owes to either a state or federal government, or if he fails to pay child support, a government agency may be legally allowed to garnish his wages or seize his bank account.
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