QUESTION

Can I break my lease since I lost my job and will file bankrupt?

Asked on Jan 02nd, 2015 on Landlord and Tenant Law - New York
More details to this question:
I was just informed my job will end in 30 days, I will be filing bankruptcy due to being unable to pay my bills. The chance of me finding a job in my career within 30 days to replace my income is very unlikely. I would like to break my year lease and assist the landlords wuth finding new tenants so they wont go without rent since I will be unable to pay the $900 per months on top of utilities and food. I will not qualify for unemployment because I have not been at my place of employment long enough.
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1 ANSWER

Personal Injury Attorney serving Fall River, MA at Botelho & Associates, LLC
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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/   #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob, #student, #loans, #education, #IRS, #taxes
Answered on Jan 02nd, 2015 at 11:24 AM

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