Can I keep my apartment without paying rent or how does that work? 11 Answers as of May 12, 2015

I am thinking about filing for bankruptcy.

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GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
No, that is not how it works. Meet with a lawyer face to face to get these questions answered. An experienced lawyer will charge you for the meeting (typically a small fee), but it will save you countless sleepless nights!
Answer Applies to: Colorado
Replied: 5/12/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
No, you may not keep your apartment without paying rent. You will get away with that for a short period of time after you file - but you will be evicted.
Answer Applies to: California
Replied: 5/12/2015
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
No, you have to pay rent or you will be evicted.
Answer Applies to: New York
Replied: 5/12/2015
Ronald K. Nims LLC | Ronald K. Nims
Bankruptcy doesn't allow you to keep your apartment without paying rent.
Answer Applies to: Ohio
Replied: 5/12/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
Bankruptcy will not protect you from an eviction for very long. Once you are evicted, good luck trying to find another landlord willing to rent to you. You will be poison to any place that has any sense.
Answer Applies to: Nevada
Replied: 5/11/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    In a bankruptcy you can discharge rent that accrued before the bankruptcy. If you stay in the apartment, you will owe rent from the day you file the bankruptcy for as long as you remain in residency.
    Answer Applies to: Wisconsin
    Replied: 5/11/2015
    Garner Law Office
    Garner Law Office | Daniel Garner
    If you are behind on your rent, it is best to file bankruptcy before your landlord gets a judgment for eviction. The bankruptcy stops the landlord from evicting you without permission from the bankruptcy court, and that takes at least 20 days. If you have an eviction judgment, your bankruptcy will not stop the eviction unless you deposit all the rent due with the bankruptcy court. Although your back rent can be forgiven or discharged in a bankruptcy, you still have to pay current rent or the landlord can initiate another eviction when you become delinquent again after filing bankruptcy. If you want to stay in the same place, you have to reach a new agreement with the landlord which may include curing the back rent. Otherwise, you should let your landlord know as soon as possible when you will vacate your current residence, and if you do it on friendly terms they might not hold you responsible for rent you would owe after your bankruptcy filing date. The landlord is not required to let you stay rent-free after you file bankruptcy. They are only required to forgive your back rent but they are not required to let you stay forever even if you do pay your current rent. Therefore, you should plan on moving out if you intend to file bankruptcy on the back rent, but if you're just filing bankruptcy to give yourself more time to pay the rent, it would cost you a lot less just to work out an accommodation with your landlord.
    Answer Applies to: Oregon
    Replied: 5/11/2015
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    No. You can discharge back rent for a place where you no longer live, but you cannot continue to live somewhere without paying rent indefinitely.
    Answer Applies to: Colorado
    Replied: 5/11/2015
    Law Offices of Daniel J Winter
    Law Offices of Daniel J Winter | Daniel J Winter
    No. You have to pay rent if you want to stay in your apartment, regardless of the bankruptcy. If you are looking to break your lease and move, there are different things to do. Call a lawyer.
    Answer Applies to: Illinois
    Replied: 5/11/2015
    Wink & Wink
    Wink & Wink | Gigi Wink
    No, you cannot keep your apartment without paying rent. Bankruptcy does not allow you a free apartment, a free house or a free car, if you want to keep such items, you must pay for them.
    Answer Applies to: Colorado
    Replied: 5/11/2015
    Bensamochan & Poghosyan LLP | Eric Bensamochan
    It may work for a month or two, but ultimately the landlord will have the stay of bankruptcy protection lifted in order to move on to eviction.
    Answer Applies to: California
    Replied: 5/11/2015
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