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Eviction and Bankruptcy

Finding an eviction notice on your front door doesn't exactly say "welcome home." And if you're already considering bankruptcy, it's just another stressful thing to add to the pile. But it's important to remember that you still have rights, and you don't have to go through the process alone.

If you're in this situation, you probably have a lot of questions. Below, we've answered a few of the most common ones.

Can I be evicted if I file for bankruptcy?

Yes, in some circumstances. Some leases include filing for bankruptcy as a cause for eviction. And although bankruptcy can delay eviction, the landlord can ask permission from the bankruptcy court to terminate your lease and/or evict you.

Do I have to tell my landlord that I have filed for bankruptcy?

No. You have no obligation to tell your landlord that you have filed for bankruptcy. However, look at your lease to see if it contains any provisions about a tenant filing for bankruptcy. In some cases, it might be grounds for terminating your lease. Keep in mind, your landlord is likely to become a creditor in your bankruptcy proceedings. So they may still receive notice of the bankruptcy directly from the court.

Can my landlord evict me for filing bankruptcy even if I am current on my rent payments?

It depends on the terms of your lease. Some leases give your landlord the right to evict you and/or terminate your rental for any reason or no reason, including filing for bankruptcy.

If I am being evicted by my landlord, can I stop the eviction by filing for bankruptcy?

Maybe, depending on the stage of your eviction proceedings. If your landlord has already completed eviction proceedings and won a judgment of possession, a last-minute bankruptcy filing will not stop your eviction. If the eviction is not complete, a bankruptcy filing may temporarily delay your eviction proceedings, but is unlikely to stop the proceedings altogether.

Speak to an Experienced Eviction Attorney Today

This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified eviction lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local eviction attorney to discuss your specific legal situation.

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