QUESTION
If I'm filing for bankruptcy chapter 7, can my landlord increase my rent?
Asked on Jul 19th, 2013 on Bankruptcy - Arizona
6 ANSWERS
It depends on whether or not you have a written lease establishing the rent. A bankruptcy doesn't prevent a landlord from raising rent if there is no written lease and the tenancy is on a month to month basis, as long as the landlord complies with state laws.
Answered on Jul 22nd, 2013 at 1:27 PM
That is an interesting question. Are you filing on any past due rent? If so, your attorney could argue that this is an attempt to collect a debt, in violation of the automatic stay. If not, I think your landlord can do whatever he wants, so long as it comports with the terms of your rental agreement.
Answered on Jul 22nd, 2013 at 10:12 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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It depends on what your lease says about it. If you have a month to month lease, the landlord can raise the rent. If the lease is for a fixed period, the ret will stay the same.
Answered on Jul 22nd, 2013 at 6:21 AM
Sanford M. Martin
If your lease expires or has a provision entitling the landlord to increase the rent,? filing chapter 7 will have no effect.? Purpose of Chapter 7 is to discharge debt and doesn't limit the landlord or other contractor, lender, or creditor from changing the terms of a new contract or lease.
Answered on Jul 19th, 2013 at 5:15 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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It depends on the lease and the law of your state (if applicable).
Answered on Jul 19th, 2013 at 5:07 PM
Litigation Attorney serving Stockton, CA
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Patrick Jay Edaburn
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He cannot increase it to punish you for filing bankruptcy but if you are on a month to month lease or if your lease has expired and is up for renewal then he is free to raise the rent within the limits of your local rent laws, just as he would be if you never filed
Answered on Jul 19th, 2013 at 5:07 PM