QUESTION
If I filed a chapter 13 and my land lord is still trying to evict me, can she do that without giving me a 30 notices?
Asked on Mar 30th, 2017 on Bankruptcy - Nevada
6 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
at
Ronald K. Nims
Update Your Profile
She has to give you a three day notice but in order for a bankruptcy to stop an eviction you have to pay the back rent.
Answered on Jun 25th, 2017 at 10:32 AM
You are required to receive notice whether you file bankruptcy or not (this is State law). There are other rights in a BK filing for a tenant, but they are limited. Meet with an experienced BK lawyer.
Answered on Jun 22nd, 2017 at 6:48 PM
1 Award
There is not enough information to answer this question. If you did not pay rent for every day after filing the bankruptcy, then they can do a 72 hour eviction based on the new default post-bankruptcy. They generally can not evict you for a pre-bankruptcy default but there are specific rules for depositing rent with the bankruptcy court which you probably did not comply with. You need an experienced bankruptcy attorney to deal with something like this. Since it is additional work, it will cost you additional fees compared to a standard chapter 13.
Answered on Jun 22nd, 2017 at 6:48 PM
No, a bankruptcy filing does not relieve a landlord from giving you proper notice under the state landlord/tenant act.
Answered on Jun 22nd, 2017 at 6:48 PM
Timing is everything. Did you get behind on rent before or after you filed bankruptcy? Is your landlord attempting to evict you due to nonpayment of rent or for some other reason? When you turn to a volunteer attorney for answers online, you need to give us a full background of the situation you are in.
Answered on Jun 22nd, 2017 at 6:47 PM
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
Update Your Profile
It depends on the particular facts of your situation. You still owe rent from the minute you filed your bankruptcy petition through the present. So it would be a good idea to work out some mode or repayment with your landlord.
Answered on Jun 22nd, 2017 at 6:47 PM