Will my landlord find out about my bankruptcy? 15 Answers as of July 04, 2013

My rent is coming up in a few weeks. We already spoke and she said it should be fine- I'm not sure if she will run a credit check again. If she does, can she ask for more money since I filed for chapter 7? Is it legal for her to kick me out?

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Bankruptcy Law Center
Bankruptcy Law Center | Bill Zurinskas
Yes. You are required to list all executory leases in your bankruptcy documents, as well as a statement as to whether or not you intend to assume the lease.
Answer Applies to: Colorado
Replied: 7/25/2011
Theodore N. Stapleton, PC
Theodore N. Stapleton, PC | Theodore N. Stapleton
No she cannot raise the rent or kick you out if you make the payments timely.
Answer Applies to: Georgia
Replied: 7/25/2011
Dearbonn Law Offices
Dearbonn Law Offices | Ajibola Oluyemisi Oladapo
Yes. Bankruptcy is public record and the landlord can find out. Its not legal for her to kick you out.
Answer Applies to: Washington
Replied: 7/24/2011
Guerrieri & Cox
Guerrieri & Cox | Michael A. Cox
If you are filing bankruptcy, you are required to notice anyone that you have a lease with by scheduling a lease interest in the bankruptcy petition. A common mistake by many attorneys is to not to list a month-to-month rent agreement. However, a month-to-month agreement is also a lease that must be disclosed, just like a lease agreement for a year or more. The short answer as to whether the landlord could increase the rent is yes. The landlord can issue a 30-day notice of a rent increase 60 days or more after your bankruptcy filing that would be effective 90 days after filing your bankruptcy at the earliest. However, many landlords, and attorneys, might not realize the ability to increase the rent and practically might not really want to in this rental market. Here is why: If you are filing a Chapter 7, the trustee would be required to assume any of your lease interests or they are automatically rejected within 60 days pursuant to 11 U.S.C. 365 (d)(1). In my experience, a trustee will never assume a residential lease and under Ohio law you will be renting under a "de facto" month-to-month lease beginning 60 days after the bankruptcy filing. All original terms agreed to, other than the length of the lease, would be incorporated into the "de facto" lease under Ohio law. However, any original terms, such as the rental amount, could be changed upon a 30-day notice by the landlord because the term of the de facto lease would be month-to-month when the lease is rejected.
Answer Applies to: Ohio
Replied: 7/22/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
It is not like that she will run a credit report again. She can raise the rent anytime she wants if she complies with the notice requirements.
Answer Applies to: California
Replied: 7/22/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    Typically not, but she may choose not to renew your lease
    Answer Applies to: Florida
    Replied: 7/22/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    A landlord can do a credit check at any time although few do it for existing tenants who are paying. If the landlord chooses, she can refuse to renew a lease because you are in bankruptcy. However, note that if you are in a bankruptcy and did not list your lease, you may have committed perjury. Your landlord would likely learn about it from the notice you would give at filing as to whether you planned to assume or reject the lease.
    Answer Applies to: Georgia
    Replied: 7/22/2011
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