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It very much depends on the landlord/owner and what their requirements are.
Also, if the rent is much more or much less than your current housing amount thats figured in your plan, you might need to report it to the trustee.
There was someone who posted recently, he's 60 days post filing, his lease is running out, and he can't find anyone to rent to him. He was hoping to move to an apt with cheaper rent than he currently has.
We just went thru the search for a new place to rent. We haven't filed yet, but our credit is terrible. And we have a house in Foreclosure. So when we met with Landlords, if we liked the place and decided we'd be interested in renting, we figured we'd tell up front about our financial situation. If the Landlord balked, we moved on.
I don't mean that we'd tell all the gorey details either. I'd just planned to tell the prospective Landlord we had a house for sale out of state that hadn't sold. We couldn't keep up the payments and pay rent so the house is in Foreclosure. That's all the truth and I fig'd that was enough to tell.
The first place we liked, the Landlord didn't seem to mind but wanted us to fill out a complete Credit App. That was a house owned by an individual. One look at the Credit App and I knew I didn't wanna fill it out. SS #'s, pay, references, authorization to check credit and criminal history, etc. I knew the guy would stroke out if he saw our credit.
The second place was a corporate deal. A couple guys are partners in a construction company. One of the guys' wife is a Realtor and she acts as the Leasing Agent. They own several Condo Townhomes, duplexes, and houses for rent around town. I told her about our situation. She was OK with it. She said they didn't normally do a "hard pull" on credit. She asked for a letter of employment and I gave her a copy of Hubby's most recent pay stub with the signed Lease and security deposit check. She signed the Lease and they've cashed our check so it looks like we're good to go.
Just be honest with people up front. To a point. Tell them you have some credit problems that you're dealing with. If you'd lost a job, or had medical problems, or whatever, let them know that was the reason. In our case, it was job loss, 6-7 months unemployment, followed by new job outa state that required we move. House hasn't sold yet. You don't have to say you're currently in a Ch 13. If need be, that can come out later. But don't tell any more than you absolutely have to, to feel out the situation. Eventually, you'll find someone to rent to you who's more interested in who you are than what your credit score is.
Also, like 13inOR said, if the rent is significantly different than what you currently pay, you're gonna have to let the Trustee know. You'll either need approval to pay a higher rent amount, or your plan payments will have to be adjusted to account for the difference if the new rent is lower.
I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.
Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...
I have been in my Ch 13 for almost one year in a 3 year plan. I leased my apartment right before filing and thought I was safe, but now I just got a great new job offer about 35 miles away, and I want to move. My question is, has anyone had any luck renting in an apartment complex managed by one of these large property managment groups? I have an excellent rental history for the past 4 years, and never had anything bad on my credit until the bankruptcy (never late on payments, ever). I have reestablished some credit since filing, and have nothing delinquent or negative since the BK.
I asked at one community, and the woman in the office seemed not to be bothered with the BK, she said worse case scenerio they would require a larger deposit. There is another community I am interested in, but the girl there wasn't sure what the criteria was, she just said they use an outside agency and it comes back either approved, disapproved, or approved with conditions.
Is getting approved for an apartment in a complex (not privately owned) impossible? I figured because a Ch 13 isn't discharged it may scare some landlords, but my attorney offered to provide a letter stating that the new lease is not eligible to be included in my BK, just to ease their minds.
Oh, and ironically the new job is with a major bank, I had no problems getting hired or going through the background check with the BK on my record.
I think trying to find an apt in a 13 plan is totally different than trying to relocate during an active Ch 7 BK. Creditors know that you can add them at any time while you're in that 90 day period after filing.
I agree that getting a letter from your attny is an excellent idea. The people who make the decisions will know, but the people who take your app in the office may not. That would be a good idea, just to be on the safe side.
I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.
Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...
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