QUESTION
Can I be evicted from my apartment after filing chapter 7 even if my rent payments are current?
Asked on Aug 28th, 2013 on Bankruptcy - California
5 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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The landlord would have to file a motion for relief from the automatic stay and get a court order first. This would take one to two months.
Answered on Oct 07th, 2013 at 5:32 AM
The landlord would need a reason to evict you above and beyond you filing a bankruptcy and would need permission from the bankruptcy court to do this, at least as long as your case is open. If you do not have a written lease, your landlord can give you notice that your tenancy has come to an end and ask you to leave in 30 days.
Answered on Aug 29th, 2013 at 12:54 PM
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No, you cannot be Evicted from your apartment if you file bankruptcy so long as you are current under the lease. You must assume the lease while in your bankruptcy. Otherwise, your lease reverts to a month to month.
Answered on Aug 29th, 2013 at 12:22 PM
Personal Injury Attorney serving Glendale, CA
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JT Legal Group
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If you do it correctly, no.
Answered on Aug 29th, 2013 at 11:08 AM
Litigation Attorney serving Stockton, CA
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Patrick Jay Edaburn
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That would depend on what kind of lease you have and what the terms are. If it is a month to month lease for example they can terminate at any time even without a bankruptcy. If on the other hand it is a year lease then generally they would not be able to terminate unless there is specific language in the lease saying they can do early termination.
Answered on Aug 29th, 2013 at 10:56 AM