Yes, you may break your lease if you are going to file for bankruptcy. Strategically the best thing you should do is wait until your landlord is going to evict you, file for bankruptcy in the automatic stay of the bankruptcy court will prevent him from moving forward with your eviction. That being said, the landlord has the right to file a motion for relief from stay to move forward with your eviction. But if you're filing bankruptcy you will be able to break the lease and will not be forced to pay the remaining months still on the lease.
I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.
Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law 901 Eastern Ave. Unit 2 Fall River, MA 02723 Office: 888-269-0688 FAX: 877-475-8147
http://massachusettslawyeronline.com/
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Answered on Jan 02nd, 2015 at 11:24 AM