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Renting after Bankruptcy

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  • Renting after Bankruptcy

    Hi, can anyone help with this? I have done my homework on filing Chapter 7 but have one hesitation about filing: I am still renting. I am very concerned about being able to move, rent another place, or rent a house. I have no property of my own and I lost my job a year ago (employed currently!!). I don't want to file, but my income varies and I've lost the good interest rates on everything in the last year. I feel it would be smart in the bigger picture. I have 18 years of good credit, am 27K in and have suffered an R9, so credit is already damaged. Has anyone had to deal with landlords after BK? What did you do, or how did you sell your situation? Is this a stupid worry? Any thoughts would help me sleep better!

  • #2
    click HERE for some information regarding your question.

    Good Luck!
    The information provided is not, and should not be considered legal advice. All information provided is only informational and should be verified by a law practioner whenever possible. When confronted with legal issues contact an experienced attorney in your state who specializes in the area of law most directly called into question by your particular situation.

    Comment


    • #3
      Renting after bankruptcy

      Thanks Todd for passing that on.

      Comment


      • #4
        I worked in the property management field for a LONG time...

        These days, it is a renters market. Those that are in good shape financially are buying houses, so apartment complexes can no longer afford to be TOO picky. Rules will vary depending on the management company.

        The areas reviewed generally will be income/employment, rental history, criminal history, and of course credit. Credit is probably the biggest gray area: if you your income is low (generally needs to be 3X the rent, though some may like to see 3.5X or 4X) or if you have a criminal history or if you have a bad rental history, you have problems.

        Credit, on the other hand, will not always black list you. When looking for a place, before paying an application fee-be honest. An apartment complex should have an outline criteria for rental, otherwise they face an increased likelihood of fair housing claims. Find out what their policy is regarding credit/bankruptcy. If they say there is no way they can work with it, you don't want to waste the application fee to find that out. Most of the time, it eihter won't be an issue on its own, or it may require a higher deposit.

        The last company I worked with, we could allow 2-3 'negatives' without requesting a higher deposit, as long as the applicant had positive rental history. (Someone with no rental history and a couple of negatives would have had to pay a month's rent as deposit, rather than $150.) We didn't get a full copy of the CR, just used a company that sent us the results. (How many of each status account: X # of 1's, X # of 2's, X # of 3's, etc.) I believe we counted everything higher than 2 as negative. Since we only got a summary of the # of accounts, we wouldn't have even known of any BK filing.
        Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

        Comment


        • #5
          Renting after filing chapter 7

          I had your same worries, we just filed chapter 7 and are currently waiting for our bk to discharge. THEN we get the horrible news that our apartments are being converted to Condos. We do not have a lease as my husband is a Courtesy Officer working for the apartments manager. *we get free rent for this service* SO we will have to move as soon as it is sold and our thirty day notice is given.

          I started looking ASAP. I was up front with the managements of every place I called. Only one complex turned us away and one Realitor. I actually signed our lease for our new apartment last week. We are still waiting for discharge too! I called out attorney, they wrote a letter to the management of the new complex that we would not include them in the BK. The manager asked for a hirerdeposit but not an insane amount, only the same as one months rent. It was actually easier to find someone to sign us now than before our BK.

          Good luck and I say file now get your life and credit back so you can go on and learn from your mistakes in the past
          Teaching a child to not step on a catipillar is as beneficial to the child as the catipillar - auther unknown

          Comment


          • #6
            I was worried about renting also. I just moved into a house from an apartment complex. I decided to rent from a private owner b/c I figured they would be less likely to run a credit check, but I was upfront and honest and told all of the owners that I had filed and none had a problem. I do have a good rental history and have never been late with rent.

            Comment


            • #7
              Thanks everybody for your sharing your info. My paperwork arrives at the Courts tomorrow. Gotta get my life back, and your info. encourages me! Thanks!

              Comment


              • #8
                Good Luck Copper!

                Comment


                • #9
                  How about.....

                  ......renting before Ch.7 BK discharge? My wife and I wanted to get an early start on looking for a place because we're scared about the possibility of a Relief of Stay being filed and then granted (which it probably would be) and then getting a notice to vacate before our discharge. Anyways, my wife and I (especially my wife) fell in love with this place and the owner didn't seem to have a real issue with our situation. He is an older gentleman, but exrtremely nice and appeared to be sort of clueless about what I was talking about when we explained our situation. He wanted us to do a quick rental app. (no fee to do so) and that was it.

                  I guess I'm concerned about having to leave our house (which we are surrending) before the discharge and then not being able to find a place to live because most of the homeowners we've spoken to seem to have an issue with BK's.

                  The house we found is in the same city, so my children will not have to change schools (that can be tramatic) and it's on a nice, quite street with plenty of other children as well. Man, this is a nice place and I fear that we won't find something like this again. Mostly what we have found is 2 bedroom townhouses/condos with small rooms and no basement (an apartment is out last resort). This house (a duplex divided by the garages) has three good sized bedrooms, 1-1/2 baths, a huge living room, dining room and a very functional kitchen and it has a full basement. I don't want this to slip away from us and then not be able to find one like this again. The city I live in has a lot of slab homes that are quite small for the price range we would like to stay in.

                  How do you convince the homeowner that you will be able to afford the rental payment before we recieve discharge? I know we can easily afford it because we are discharging about 2-1/2 times that of debt (mortgatge and CC's). I guess I just want to able to show that we are discharging this and discharging that and our income to debt will be good to prove to the owner that we will be able to pay the rent on time. Oh yeah, one last thing, the owner doesn't require a security deposit and I'm willing to offer a month's rent in advance to make it look better for us.......only if it is asked of me of course.
                  Bankruptcy History:
                  Chapter 7 filed - 10/12/2005 - Asset
                  Discharged - 02/16/2006
                  Case Closed - 11/08/2007

                  A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

                  All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

                  Comment


                  • #10
                    Our objection date is the 26th. We reaffirmed the house. DH got a new job, he will start it on Jan. 2nd. The new job is across the state. We are keeping the house (for credit sake) and listing it on the market to sell, and renting a house on the other end.

                    The house is owned by a realtor. He did NO CREDIT CHECK on us! My dh is a Manufactuing Engineer. The man asked what was bringing us back to the area (we mentioned we had lived there beofre, dd1 was born there). DH told him what company he was working for. The man was impressed by dh's position within the reputable company so he said "If you're good enough for xxxx, you're good enough for me". He gave us keys on the spot and had us come in the next day to fill out a quick lease.

                    So, sometimes a good job can go a long way!
                    Filed 09/05
                    Discarged 1/2/06
                    Closed 1/13/06

                    Comment


                    • #11
                      Bump

                      Originally posted by BassBoy
                      ......renting before Ch.7 BK discharge? My wife and I wanted to get an early start on looking for a place because we're scared about the possibility of a Relief of Stay being filed and then granted (which it probably would be) and then getting a notice to vacate before our discharge. Anyways, my wife and I (especially my wife) fell in love with this place and the owner didn't seem to have a real issue with our situation. He is an older gentleman, but exrtremely nice and appeared to be sort of clueless about what I was talking about when we explained our situation. He wanted us to do a quick rental app. (no fee to do so) and that was it.

                      I guess I'm concerned about having to leave our house (which we are surrending) before the discharge and then not being able to find a place to live because most of the homeowners we've spoken to seem to have an issue with BK's.

                      The house we found is in the same city, so my children will not have to change schools (that can be tramatic) and it's on a nice, quite street with plenty of other children as well. Man, this is a nice place and I fear that we won't find something like this again. Mostly what we have found is 2 bedroom townhouses/condos with small rooms and no basement (an apartment is out last resort). This house (a duplex divided by the garages) has three good sized bedrooms, 1-1/2 baths, a huge living room, dining room and a very functional kitchen and it has a full basement. I don't want this to slip away from us and then not be able to find one like this again. The city I live in has a lot of slab homes that are quite small for the price range we would like to stay in.

                      How do you convince the homeowner that you will be able to afford the rental payment before we recieve discharge? I know we can easily afford it because we are discharging about 2-1/2 times that of debt (mortgatge and CC's). I guess I just want to able to show that we are discharging this and discharging that and our income to debt will be good to prove to the owner that we will be able to pay the rent on time. Oh yeah, one last thing, the owner doesn't require a security deposit and I'm willing to offer a month's rent in advance to make it look better for us.......only if it is asked of me of course.
                      Well, it's been a little over 2 months since I posted this question and I have an update/question: First, I was unaware how long it would take for foreclosure to happen and I didn't know at the time that I would be in my house for another 6-10 months from now. Newbie mistake I guess.

                      This week, I noticed that this duplex was still for rent. I called the owner to see if it was still, in fact, vacant and if he had the opportunity to look at us as tenants. He called back this evening and he said our app. was mis-filed and he didn't review it. No biggie to me because the place is still empty. The guy has got to be losing money. The place has been vacant since the beginning of Oct.05. Anyways, he is very well aware of our situation and would like to sit down and talk with us this weekend and if he feels that we can swing it (which I have no doubt we can), the place is ours. Now, most people would say "Stay in the house and save your money." Well, I agree, but this place is perfect for us and piece of mind that I won't have to sweat this out is worth more in the long run. Piece of mind is priceless.

                      My wife and I have looked at some real dumps lately (which I'm surprised considering the area in which I'm looking), and every time we check a place out, we compare it to this place, and believe me, there is no comparison. I just know this is the place for us. It fits our needs and definately fits our budget. The crap we've been looking at is giving us bad feelings about when it comes down to crunch-time and we have to leave. As most of you know, I'm a musician and I need the basement for my jam sessions. An apartment is out of the question right now.

                      I know I can move whenever, but maybe if others here have faced the same situation, it may ease my mind a little and help me make a good decision.
                      Bankruptcy History:
                      Chapter 7 filed - 10/12/2005 - Asset
                      Discharged - 02/16/2006
                      Case Closed - 11/08/2007

                      A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

                      All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

                      Comment


                      • #12
                        Bassboy-I don't think you're making a mistake. Yes, you could stay in your house longer but there is no guarantee that you'll find a place (that is the right price, you like, is the right amount of space, etc.) in 3-6 months.

                        Go with your gut!
                        Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

                        Comment


                        • #13
                          Originally posted by StaciMM
                          Bassboy-I don't think you're making a mistake. Yes, you could stay in your house longer but there is no guarantee that you'll find a place (that is the right price, you like, is the right amount of space, etc.) in 3-6 months.

                          Go with your gut!
                          Believe me Staci, my gut is telling me to get out and move on with my life.

                          Another question to anyone: Since the house has been vacate for the last 3 months, and because the owner is not advertising (I haven't seen the ad or a sign in the yard), it's probable that he won't find anyone to occupy it for a while. So, with that said, I would like to know if it's okay in asking to negotiate the rent a little or include the water and sewer. Remember, this is a house and I would be responsible for ALL utilities, mowing the lawn and snowblowing the driveway and sidewalk. It couldn't hurt to try, but if it's not recommended to try and negotiate, I won't ask.
                          Bankruptcy History:
                          Chapter 7 filed - 10/12/2005 - Asset
                          Discharged - 02/16/2006
                          Case Closed - 11/08/2007

                          A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

                          All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

                          Comment


                          • #14
                            I don't see any harm in trying... I'd go w/ trying to get a lower price on the rent rather than doing something w/ utilities. When I pay my bills, I know they're handled. Relying on someone else to do it-well, mistakes happen. KWIM?

                            And, you could perhaps work it out to move in officially Feb. 1, to give you a few weeks to get the moving details worked out. (My sister has been wanting to move when her lease is up, and went to look at a place on Monday. Picked up keys today-did it too fast in my opinion because now she is scrambling to transfer her kids to new schools, get utilities on, transfer her job-she works for a major drug store change, etc. Oh yeah-and she is having to pack & move!)
                            Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

                            Comment


                            • #15
                              Originally posted by StaciMM
                              I don't see any harm in trying... I'd go w/ trying to get a lower price on the rent rather than doing something w/ utilities. When I pay my bills, I know they're handled. Relying on someone else to do it-well, mistakes happen. KWIM?

                              And, you could perhaps work it out to move in officially Feb. 1, to give you a few weeks to get the moving details worked out. (My sister has been wanting to move when her lease is up, and went to look at a place on Monday. Picked up keys today-did it too fast in my opinion because now she is scrambling to transfer her kids to new schools, get utilities on, transfer her job-she works for a major drug store change, etc. Oh yeah-and she is having to pack & move!)
                              Thanks Staci, I agree, trying to get a lower rent may be the best way to go.

                              The home owner had asked when we could move in and I told him that upon agreement and signing of the lease agreement, we could occupy within 30 days. I explained that we would need time to get packed and get the utilities set-up. I kind of gave him the idea that it would be mid Feb, or Mar. 01 depending on when we sign the lease agreement. I will not give specifics until everything is signed. He said, "Oh yes, I understand it will take some time to make all of the arrangements." Nice guy.

                              The real biggie, other than the place being perfect, it's in the same school district, so my kids will not be tramatized with having to change schools.
                              Bankruptcy History:
                              Chapter 7 filed - 10/12/2005 - Asset
                              Discharged - 02/16/2006
                              Case Closed - 11/08/2007

                              A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

                              All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

                              Comment

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