Can My Landlord Evict Me If I Filed For Bankruptcy?

Can My Landlord Evict Me If I Filed For Bankruptcy?

Can My Landlord Evict Me If I Filed For Bankruptcy? 275 184 MISHIYEVA LAW Bankruptcy Lawyer NYC

If you have been paying your rent every month and have been following the rules set forth in your renter’s agreement, you should not be concerned. Many debtors and individuals considering filing for bankruptcy are worried that their landlord may pursue eviction proceedings or refuse to sign a new agreement when their lease term expires.

Take note that the filing of a bankruptcy is never grounds for eviction. Provided you have been complying with the terms of your lease, your landlord cannot evict you until the lease period ends. Truth is, your landlord does not even have to be aware that you filed for bankruptcy, so long he is not listed as a creditor in your bankruptcy petition and you continue to stay current with the rent. Even if your landlord finds out that you filed for bankruptcy, it is very unlikely that he would take any action. Landlords are in the business of renting apartments. So long as you are issuing a check to cover your rent every month, your landlord is not concerned with any other aspects of your financial health. Also, the bankruptcy will reduce or extinguish majority of your debt, making it easier for you to continue to pay the rent.

However, if you are a month-to-month tenant, your landlord can terminate the tenancy any time provided that he gives 30 days written notice, bankruptcy or no bankruptcy. There are barely any protections in such a tenancy. If you do not have a lease, then you should probably request one. It is recommended that in any of the two situations, lease or no lease, that you keep paying the rent and not mention the bankruptcy to the landlord. As far as renewing the lease term in the future, it is doubtful your landlord will want to lose you if you have been a good tenant, even if he finds out you filed for bankruptcy.

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