QUESTION
Can landlord choose to have Non-Renewal of Lease for persons who filed bankruptcy once lease expires?
Asked on Jul 09th, 2013 on Bankruptcy - Texas
More details to this question:
If a person is past due on rent, but cannot be evicted because of filing for bankruptcy, can the landlord choose to non-renew the lease contract upon expiration thus forcing the tenant out without eviction?
7 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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If the lease expires, there is no lease. The landlord can evict the tenant once the bankruptcy case is closed.
Answered on Jul 11th, 2013 at 1:23 AM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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You misunderstand bankruptcy and tenancy issues.
Answered on Jul 10th, 2013 at 7:32 PM
Even when a lease expires, a landlord still needs to evict someone if the lease is not renewed.
Answered on Jul 10th, 2013 at 7:31 PM
Yes, if the lease term has expired the landlord does not have the obligation to sign a new lease with you. I believe they still have to give you a 30-day notice.
Answered on Jul 10th, 2013 at 7:29 PM
Deborah F. Bowinski
A landlord can always choose to not renew a lease within the terms of the lease agreement. If you discharge past due rent it is unrealistic to think the landlord will be happy to have you stay longer than necessary.
Answered on Jul 10th, 2013 at 7:29 PM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
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Sisson & Kachinsky Law Offices
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Depending on your local laws, probably can.
Answered on Jul 10th, 2013 at 7:28 PM
Bankruptcy Attorney serving Dallas, TX
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Polk & Associates
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You can always be evicted for not paying rent. If you have a bankruptcy filing then there is a way to get the unpaid rent taken care of via another method, and that can help in keeping the landlord from succeeding on an eviction case against you. It could be filed in the bankruptcy court or in the regular JP/eviction court (after getting the automatic stay lifted). But either way, filing bankruptcy does not mean you can force the landlord to keep you in his property for free. Subject to some non-bankruptcy laws about preventing housing discrimination, a landlord doesn't have to give a new lease to someone he doesn't want to; bankruptcy doesn't change that.
Answered on Jul 10th, 2013 at 6:53 PM