Will my landlord be notified when I file for bankruptcy?
November 12, 2010 1 Comment
(For an updated blog on landlord notification and bankruptcy see here: http://bit.ly/IAaaQc ).
No! If you are on a month to month rental agreement then the landlord does not have to know that you filed. The landlord will not be notified if you file bankruptcy and your landlord will probably never know that you filed. Your filing is a public record but it is unlikely that your landlord will read a list of bankruptcy filings in a legal newspaper.
Also your landlord will probably have no reason to check your credit report once you move into your home or apartment. The filing will appear on you credit report but it is unlikely that your landlord will view it once you have moved in.
If you have a lease with the landlord then that will have to be listed in the bankruptcy. The landlord cannot evict you for filing bankruptcy and in most cases your lease obligation in the bankruptcy will be wiped out and your tenancy will be converted to a month to month tenancy. A landlord may ask for a new lease but you don’t have to sign one.
The reality is that if you are a good tenant and pay rent on time then the landlord will do nothing even if you have a lease. You will be able to stay and keep paying rent on a month to month basis after the bankruptcy.
Your landlord cannot evict you or otherwise discriminate against you if they become aware of your filing. This kind of discrimination because of bankruptcy is illegal. They cannot anymore evict you because of a bankruptcy filing than they can fire you from your job because you filed.
So file for bankruptcy and rest assured that your living situation is safe and that on a month to month rental agreement the landlord will probably never even know you filed bankruptcy.
I am a bankruptcy attorney practicing in San Diego. For more help please visit my website at www.farquharlaw.com or www.freshstartsandiego.com. Or call my office for a free consultation at (619) 702-5015. Call now for free credit report and analysis!
For a free e-book: “13 THINGS YOU SHOULD DO TO PREPARE FOR YOUR BANKRUPTCY FILING” please send a request by e-mail to: firstname.lastname@example.org.