home rental lease,how long after filing can i remain in home

[vegasbaby]

Hi
Im filing chapter 7 9-2-09 we our including the rental home we now live in,we are on a 1 year lease that ends march 1 st 2010,were in las vegas nevada.I would like to know how long can we remain in this home rent free?
THANKS FOR ALL YOUR HELP!!!!!

[music12]

once you stop paying rent, the landlord will go to bk court to get a relief from stay, which could take around a month. once they get that they will file for eviction in state court. the length of time varies from state to state. if the eviction action is uncontested, it could take less than a month.

note that if you stop paying rent after you file bk, this rental obligation will not be discharged in bankruptcy. you will still owe it to the landlord.

[justbroke]

I echo what music12 wrote. The Bankruptcy Court is very LANDLORD friendly. You will not enjoy "months" of no rent. The smart landlord will take your notice of bankruptcy, check to see if you're paying up to date, then seek to evict you.

[vegasbaby]

hi
thanks for your quick response,our you saying that i will still be on the hook for the remaining months of lease?rent due sept 1st,but filing sept 2 even tho i filed chapter 7 to get my self out of this lease contract like other debt thats in our 7

[backtoschool]

Once you file for bankruptcy, the landlord will file a relief from stay, and then start proceedings to evict you. This will take about a month. You probably have about a month or two (at the most) rent free after filing for bankruptcy. Filing for bankruptcy on a landlord, and being evicted will also make it much harder to rent another apartment or home after your bankruptcy.

[CindyLou]

If you skip out on a lease you can discharge it....meaning you have already incurred the debt (moved out) before you file. However, if you still live there when you file, it doesn't cancel the lease contract.

[whipster1]

No you will owe nothing. You will just have to leave.

[music12]

the rent due sept 1 will be discharged if you file sept 2.

however, rent due oct 1 is different. maybe i was too quick to say it would not be discharged: the question would be whether this rent is considered as incurred when you signed the lease (before filing bk) or on oct 1 (after filing). the answer may depend on state law or on the wording of the lease.

if you leave the apt sept 30, i am quite sure you will not be on the hook for the rest of the lease. but if you are IN the apt on oct 1, i think you would be on the hook for rent for the time you are actually there.

if you need to stay rent-free as long as possible, you should delay your filing date and stop paying rent now. your landlord will go to court to evict you for non-payment of rent. then you would file bk as late as possible but before a judgment for possession is entered against you (if you file after a judgment for possession is entered against you, the bk filing will NOT stop the eviction). then the landlord would go to bk court to get relief from stay, which would take about a month. then the landlord would get the judgment entered and remove you. any rent prior to filing will be discharged.

[fooked]

if the relief from stay takes about a month, then you have a month and 5 days... it's a 5 day eviction process in NV, provided the constable can serve you in a timely manner...

and they don't have to serve you personally, they only have to put a notice on the door...

[vegasbaby]

HI
Thanks for your response,all the above responses in my post,i have the type of attorney that once you pay all you get to see and talk to our legal aids and staff,so i will go back into his office today and ask for him to clear this thing up with the lease.
#1 i dont understand why i would be on the hook for remaining rent in a lease contract?were talking about $1500 per month for 6 months total of $9000.00.Now if i had a car contract or lease for a car with more oweing than this rental home i would be able to include in chapter 7 and clear the debt completly,in the car you have a contract,same as rental lease.
Also if i own my home or was paying on the home and decided to include it in chapter 7 ,i would be able to wipe the debt clean,but lose the house or give it back to bank within the 6 month it takes banks to take it back.
Im new to all this,but my under standing of a chapter 7 if you include it in your 7 your wiping the debt clean,fresh start,but some some of the post are telling me,that i will still be on the hook for remaining months of rent,if thats the case then why cant ford or the bank come back after you once you included them in chapter 7 to get remaining months due after fileing?
sorry for the rant just confused,i will post what my attorney tells me today,as he the one whos going to have stand behind me in this matter.

[OhioFiler]

You can include the lease in your BK petition and you owe nothing UNLESS you continue to stay in the rental unit. If you choose to stay you must pay rent for the time you continue to stay but no more after you leave.

If you stay one month longer you owe $1,500, no more.

If you stay six months you owe $9,000.

BK is not a tool to use to get free rent from a landlord after you file.

[music12]

with a home or car, you incurred the entire debt on the day you bought them; the monthly payments are an agreement how you would pay the debt back.

with renting, you don't really incur the rental payment for a specific month until that month has arrived. some commercial leases state that all rent for, say, 5 years ahead is due on the date the lease is signed, but that the lessee can divide it into monthly payments "for convenience." if that were in your lease, then the whole rental debt would be discharged no matter when you moved out. but i have never seen a residential lease agreement that says that.

[hereforinfo]

You won't be liable for the remainder of the lease unless you stay there. You will only be liable for rent for the months you continue to live there.

[backtoschool]

It all depends on the lease whether you will be liable for the full lease amount or not. My lease in nyc stated the total amount I was signing for, and that I was liable for all of it from day one, but would pay it in monthly installments. A lot of leases in big cities with expensive rent are worded this way. But my lease in my new apartment in the midwest, just states the monthly rent I am responsible for. Just to be sure, the lease should be included in the bankruptcy if you are breaking the contract.

As to the time you have to live there rent free. I would say its about a month give or take a week or so.

[dingdong]

Here is how it works.

If you owe back rent, you can discharge that back rent w/o fear of lawsuit up to the point of your petition filing.

If you file Sept 2, any rent owed up to that point (back rent) can be discharged.

If you do not pay your rent, your LL will most likely file a motion for relief from stay in order to proceed with an eviction action against you.

By including the lease/LL in your schedules, you are essentially releasing yourself from the liability of any future rent IF YOU MOVE OUT. So, the LL cannot come after you for breaking your lease, but he could come after you for post petition rent ( any rent due after your filing date if you continue to retain posession of the premises ( rental).

If you stay past the Sept 2nd and don't pay rent, I believe he may be able to come after you for any days you stay in the property on a prorated basis. So Sept 3-whenver you leave, I believe you would be liable for rent.

BK and eviction really only help if you are behind on rent and want to discharge the debt, or if you have quite a lot of time on your lease and want to move.

It may buy you a little extra time, but not a lot and any rent due post petition as long as you are considered a holdover tenant, I believe you are on the hook for as it is considered post petition debt, the only difference is if you have a lease and move, than that liablity is released by rejecting the lease in your BK.