Landlord notification and bankruptcy

Your landlord will not be notified if you file bankruptcy in most cases.  That is because most people have month to month tenancies.  In these cases there is nothing to report.  There is no asset in the bankruptcy estate that is created or affected by a month to month tenancy.  Your landlord is not notified and you keep on renting and residing in your unit right through and after the bankruptcy.

If you have a lease then the lease is technically an asset of the bankruptcy estate that the trustee could sell to another party.  The reality is that residential leases rarely have any value to anyone so the trustee will not take any action when the lease is reported.  In those cases the landlords are notified of the bankruptcy and the lease is broken at the point of filing the bankruptcy.

Now as a tenant you can decide if you want to sign a new lease or continue living in the premises as a month to month tenant. The landlord though cannot evict you for filing bankruptcy as this would be bankruptcy discrimination and that is not allowed. If you are a good tenant and pay your rent and don’t make noise then in the vast majority of cases the landlords will not care if you stay on and continue renting.

Before I was a bankruptcy attorney I handled evictions for landlords.  Good quiet tenants who pay their rent and don’t disrupt other tenants simply don’t get evicted.  Landlords want these tenants to remain because they are sometimes hard to come by.  So pay your rent and don’t disturb the “quiet enjoyment” of the other tenants in the building and you will not get evicted for anything.

Remember that a landlord will not even know you filed if you have a month to mont.  With a lease he will need to be notified but then you are protected because he can’t discriminate against you for exercising your federal right to file for bankruptcy.  The remember too that if you are a good tenant it is unlikely that the landlord id even looking to evict you.

So don’t despair.  You can file bankruptcy and be safe in your home, condo, or apartment.

I am a San Diego bankruptcy attorney.  Please visit my website for further information 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: farquharesq@yahoo.com.

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Will my landlord be notified when I file for bankruptcy?

(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: farquharesq@yahoo.com.