How long can I stay in my apartment? 2 Answers as of August 19, 2010

I am planning on including my apartment lease in my Chapter 7 filing. After I notify my landlord of my bankruptcy, how long can I stay without paying rent? Thank you.

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Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
This depends on what action your landlord takes prior to your bankruptcy case and what action your landlord takes. If the landlord has not already sued you, he will have to wait until your bankruptcy case is over (typical time 4 months) or until he obtains relief from stay (minimum time 21 days, typical time 1 month after he files the motion). For a more specific answer, call me with your specific facts.
Answer Applies to: California
Replied: 8/19/2010
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
It will depend on your landlord. The landlord can ask the bankruptcy court to allow you to be evicted. That process can take about one month.

Also, you could be liable for rent due after you filed. So while the landlord might not be able to get back rent before you filed, you can owe for the time you stayed post filing.
Answer Applies to: California
Replied: 8/19/2010
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