apartment lease

[zombieboy30]

I am filing bankruptcy (7) 03-2010. I am current on my rent and am planning on moving before the lease here is up. I just need more time to find another place. I know I can have my lease discharged in my bankruptcy. I want to stay here till I get another place and I will continue making the monthly payments on time. I do no want to get evicted. Will my apt complex file the paperwork to evict me if my rental history with them is excellent? Will my apartment complex let me live here until I find another place? The lease expires in january. The rent here is too high and I want to move closer to where I will be attending school and lower rent. Saves mileage on my vehicle as well.

Thanks!

[jamesd1967]

I would guess if you continue to pay the rent, they would let you stay. It is unclear to me whether or not they can evict you during bankruptcy.

[keepmine]

I am filing bankruptcy (7) 03-2010. I am current on my rent and am planning on moving before the lease here is up. I just need more time to find another place. I know I can have my lease discharged in my bankruptcy. I want to stay here till I get another place and I will continue making the monthly payments on time. I do no want to get evicted. Will my apt complex file the paperwork to evict me if my rental history with them is excellent? Will my apartment complex let me live here until I find another place? The lease expires in january. The rent here is too high and I want to move closer to where I will be attending school and lower rent. Saves mileage on my vehicle as well.

Thanks!

None of us can speak for your landlord. All you can do is ask them if they'll proceed month to month.

[jamesd1967]

it is my understanding, though, that if you file bankruptcy, THEN , fall behind on your rent the landlord can not proceed with eviction. The "automatic stay" is in place.

[newbie2]

If you file, then you fall behind on your rent, your landlord can simply file a motion to lift the automatic stay.

It's really pretty simple: Don't pay - don't stay. The landlord has every right to be paid.

[backtoschool]

Landlords are not required to let you live month to month once you void your lease in the bankruptcy.

They may do so, but they also have the right to file to lift the stay and give you 30 days notice to leave. (or even less)

I am not sure that the proceedings would be an eviction, but they could get the stay lifted and file paperwork asking you to leave.

[leena]

Don't do this, just don't. Just keep paying your rent and negotiate with your landlord on the lease. If you stop paying, I promise they will find a way to get you out in a big hurry. State laws vary on how fast "a big hurry" is, but I promise there will be no month to month lease if you stop paying your landlord.

I am a property manager, and believe me it will not fly.

[jamesd1967]

YES, I have learned just this week that the landlord can get the "automatic stay" lifted. However, he or she must go to the courthouse to do it. It would, in most normal situations, take less than five working days.

[Excelsius]

A friend is also going to file chapter 7. She lives in a rental apartment and always makes her payments. Can she be evicted if she files bankruptcy but continues to pay her rent all the same? I just read somewhere that if you file a bankruptcy you can be evicted, which I thought was pretty lame. How does your landlord even know that you have filed one? And if this was really the case, then the majority of Americans would be on the streets and landlords would not be making any money. She can't afford her credit cards, but once she stops paying them, it won't be as difficult to at least pay her rent. She always has paid it first. Always on time and in full. And in case it matters, this is in CA.

[jamesd1967]

Don't do this, just don't. Just keep paying your rent and negotiate with your landlord on the lease. If you stop paying, I promise they will find a way to get you out in a big hurry. State laws vary on how fast "a big hurry" is, but I promise there will be no month to month lease if you stop paying your landlord.

I am a property manager, and believe me it will not fly.

She's write here, they can get you out in most cases in 30 days, sometimes less. In the state of Nevada, I have seen people evicted in less than two weeks.

[jamesd1967]

I highly doubt that your friend would be evicted even if she filed bankruptcy, but continued to pay the rent.

[leena]

A friend is also going to file chapter 7. She lives in a rental apartment and always makes her payments. Can she be evicted if she files bankruptcy but continues to pay her rent all the same? I just read somewhere that if you file a bankruptcy you can be evicted, which I thought was pretty lame. How does your landlord even know that you have filed one? And if this was really the case, then the majority of Americans would be on the streets and landlords would not be making any money. She can't afford her credit cards, but once she stops paying them, it won't be as difficult to at least pay her rent. She always has paid it first. Always on time and in full. And in case it matters, this is in CA.

Here in MN, I have never once as a Property Manager been informed that a resident was filing BK. I cannot speak for California because the law varies so much in each state but I think your friend is just fine.

[music12]

as long as the rent it paid, a landlord has absolutely no reason to evict. technically they could give a 30-day notice because it would be month-to-month at that point, but why would they? the rent is being paid, and if they evict then they have spent money on their lawyers and have no assurance that somebody else will rent the place quickly. so, if the rent is paid i think you're just fine.