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I’m behind on rent due to job loss. My landlord has accepted partial payments in the past but no longer will. If I file bankruptcy, including my back rent, will he still be able to evict me?
15 ANSWERS
Yes. However, if you file, he will not be able to collect back due rent, but the eviction can move forward.
Answered on Aug 19th, 2014 at 6:07 PM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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Most likely, yes.
Answered on Aug 19th, 2014 at 6:03 PM
bankruptcy Attorney serving Paul, ID
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Paul N. J. Ross Law, PLLC
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A bankruptcy will delay an eviction only if the judgment has not been entered. If you want to keep the property, you will have to work something out either in filing a Chapter 13 or resolving the issue with your landlord. Otherwise, you will likely still eventually be evicted, even though you filed bankruptcy. The bankruptcy will delay it unless you provide for it in your bankruptcy.
Answered on Aug 19th, 2014 at 5:12 AM
William Rhymer
Based on what you said, you could stop the current eviction but as soon as you get behind again he can start another eviction action and the bankruptcy would not stop it.
Answered on Aug 18th, 2014 at 6:46 PM
Filing bankruptcy can delay an eviction for a short time, but sooner or later, if the landlord wants you out, the eviction can take place.
Answered on Aug 18th, 2014 at 6:35 PM
Bankruptcy Attorney serving Walnut Creek, CA
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Alan E. Ramos Law Offices
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The landlord can file a Motion for Relief from the Automatic Stay" as soon as you file, which will allow the landlord to pursue and unlawful detainer (eviction) against you. So while you can delay an eviction, you can't do so indefinitely. You would be better off working something out with your landlord and move out before an unlawful detainer action is filed. You should see an attorney.
Answered on Aug 18th, 2014 at 1:12 PM
Land Use Attorney serving Tacoma, WA
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Harper Law Offices, Inc., P.S.
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Filing bankruptcy will stop an eviction in progress, but it will only be temporary. Possession is conditioned upon the payment of rent, and while the bankruptcy may relieve you from paying back the debt owed, you will still have to vacate the premises. The bankruptcy code allows for leases to be assumed or rejected, and includes month-to-month tenancies. If you reject the lease, you have to lease. If you assume it, you have to keep paying rent accordingly, and may need to pay back rent to stay. Even if your debt is discharged, you might still have to pay to stay. Otherwise, you must leave and could be evicted later. The automatic stay will not last forever. You should consult with a bankruptcy attorney, or your bankruptcy attorney, if you have concerns about a possible pending eviction.
Answered on Aug 18th, 2014 at 12:26 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Yes it will arguably stop immediately and reduce the amount of back payment you are owed.. .. but it will NOT stop your requirement from paying rent.. Further your rent payment will become a PRIORITY administrative payment ... paid before any of your other creditors If you cannot afford the rent your best bet is to move to a cheaper residence.
Answered on Aug 18th, 2014 at 11:49 AM
This is a somewhat complicated area of bankruptcy law, dependent on whether your landlord has obtained a judgment against you. If he has, then you may need to deposit the back rent with the bankruptcy court to avoid an eviction. You would be wise to get competent legal counsel to help you stay in your home.
Answered on Aug 18th, 2014 at 11:49 AM
2 Awards
If you cure rent arrears in the bk and assume the lease he cannot evict you.
Answered on Aug 18th, 2014 at 11:05 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Bankruptcy will briefly delay eviction unless you pay all your back rent. If you pay all your back rent, then bankruptcy will stop the eviction.
Answered on Aug 18th, 2014 at 11:04 AM
Litigation Attorney serving Irvine, CA
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Law Office of James A. Anton
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For a short period of time until the landlord received permission from the BK court.
Answered on Aug 18th, 2014 at 10:04 AM
Complex Litigation Attorney serving Costa Mesa, CA
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Thomas Vogele & Associates, APC
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If you have received a notice to quit, a bankruptcy filing will not halt an eviction.
Answered on Aug 18th, 2014 at 7:35 AM
Yes, but the bankruptcy filing will delay things because the landlord will first need to file for relief from stay in the bankruptcy court before proceeding with the state court eviction.
Answered on Aug 18th, 2014 at 7:35 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Perhaps, and generally yes. See an attorney with the details.
Answered on Aug 18th, 2014 at 7:35 AM