Will my landlord find out about my bankruptcy? 15 Answers as of July 04, 2013My 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?
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
Colorado Legal Solutions | Stephen Harkess
If you have a lease, then your landlord must abide by the lease until the term expires. If you are in a month to month tenancy or your lease has expired, then the landlord can ask for additional rent or refuse to continue to rent to you for any reason.
Answer Applies to: Colorado
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
There is no reason your landlord will receive notice unless you listed her as a creditor.
Answer Applies to: Indiana
Bird & VanDyke, Inc. | David VanDyke
No. There is no reason your landlord would ever know. It would be very unusual for a landlord to request another credit check. As long as you are current on your rent you wouldn't need to include it in your bk filing. Don't worry about.
Answer Applies to: California
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