Will filing for bankruptcy prevent my landlord from evicting me? 17 Answers as of July 03, 2013

My landlord has threatened to evict me from the apartment complex, because I am late for rent every month. I have tried explaining to them that I cant afford to pay it, but that I am wiling to pay in increments. They have refused this offer. If I file for bankruptcy, will my landlord be forced to let me continue to live here? What are my rights in this situation?

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Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
A BK filing will temporarily stay the eviction but it's not a permanent fix. It is not worth it.
Answer Applies to: Washington
Replied: 8/24/2011
Dan Wilson Bankruptcy
Dan Wilson Bankruptcy | Dan Wilson
No. Landlord has no obligation to accept partial payment. Reform bill changed this area five years ago. I have not had a case with this issue since the reform bill, but it is my understanding that if you file a Chapter 7 you will be required to be current with your rent.
Answer Applies to: Colorado
Replied: 8/15/2011
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
Maybe but only temporarily.
Answer Applies to: California
Replied: 8/15/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Eventually the landlord can evict you if you do not pay the rent. Bankruptcy will just slow that process down, ( but may be if you dumped some of your debts in bankruptcy you could afford the rent).
Answer Applies to: California
Replied: 8/13/2011
Theodore N. Stapleton, PC
Theodore N. Stapleton, PC | Theodore N. Stapleton
You can file bankruptcy before the LL gets a eviction order but then you will have to cure the arrears.
Answer Applies to: Georgia
Replied: 8/12/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    It will only buy you about a week.
    Answer Applies to: California
    Replied: 8/12/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Unless you can pay the rent, you still will end up evicted. In some cases when that happens may change. Your rights in such cases are very technical and depend on information you have not provided. Discuss what options you have with your lawyer. You also need to do things right if you want to NOT pay back rent.
    Answer Applies to: Georgia
    Replied: 8/12/2011
    Melinda Murphy Dionne, PC
    Melinda Murphy Dionne, PC | Melinda Murphy Dionne
    Filing bankruptcy will not help you stay in the leased premises if you cannot afford to pay the rent. Bankruptcy allows you to cure a default over a period of time but you must pay your current rent as it becomes due.
    Answer Applies to: Alabama
    Replied: 8/12/2011
    Srai Law Office
    Srai Law Office | Gurjit Singh Srai, Esq.
    Filing for bankruptcy will cause the automatic stay to go into effect. The automatic stay acts like a temporary injunction prohibiting creditors to collect on their debt. However, a creditor can get relief from the automatic stay by asking the court for permission. In your case, the landlord has the option of asking the Court for permission to evict you.
    Answer Applies to: California
    Replied: 8/12/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    You can have the late rent discharged in Chapter 7 bankruptcy but if you do not pay after you file for bankruptcy the landlord can get permission from the bankruptcy court to evict you (since you can't expect to live there without paying rent after filing bankruptcy) or the landlord can wait until the automatic stay expires 60 days after the meeting of creditors generally and then evict you and get a judgment for the rent due after the date you filed for bankruptcy. You do not have the right to pay the rent in increments after filing for bankruptcy if the landlord will not accept it that way.
    Answer Applies to: California
    Replied: 8/12/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    No, you have to pay full rent on time to stay there. If you pay on time after bankruptcy, you may be able to stay.
    Answer Applies to: Virginia
    Replied: 8/12/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    You do not have the right to pay rent late on a continuous basis, even if you file for bankruptcy. If you file for bankruptcy, it may delay eviction, but if you do not pay your rent in accordance with your agreement, your landlord can get relief from the bankruptcy stay and evict you.
    Answer Applies to: Colorado
    Replied: 8/12/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Not forced but it will buy you a little more time.
    Answer Applies to: California
    Replied: 8/12/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    No, a bankruptcy will not stop for very long an eviction if you are past due. The only way you would be protected if you file bankruptcy would be to pay the entire past due rent to the bankruptcy court.
    Answer Applies to: California
    Replied: 8/12/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Bankruptcy will not enlarge your rights to continued possession of your rental.
    Answer Applies to: California
    Replied: 7/3/2013
    Florio Law Firm, PLLC
    Florio Law Firm, PLLC | Amber Morgan Florio, Attorney at Law
    Generally speaking, a landlord must give you proper notice prior to eviction. However, if you do not pay rent, your landlord is within his rights to ask you to leave regardless of whether you file a bankruptcy or not.
    Answer Applies to: Texas
    Replied: 8/12/2011
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