CALL NOW!
FREE PHONE/VIRTUAL CONSULTATION

Can Bankruptcy Get Me Evicted?

When people consider bankruptcy in Tampa, they often think about how it will affect their mortgage and homeownership, but not everyone who files for bankruptcy owns a home. Renters file for bankruptcy all the time and many are concerned about how their filing will affect their living arrangements. What do you need to know if you are renting your home and you file for bankruptcy?

As long as your rent payments are up-to-date, bankruptcy will have very little effect on your living situation. Your landlord is concerned about whether he or she receives your rent payment on time, and whether or not you are keeping your space well-maintained and following the rules of the rental. As long as you are a good tenant, your landlord likely has little concern for your bankruptcy, aside from whether it will affect your ability to pay rent in the future. You are under no obligation to tell your current landlord you’ve filed for bankruptcy, but some renters do so to put their landlord’s mind at ease about rental payments.

What If You Aren’t Up-to-Date on Rental Payments?

There was a time when filing for bankruptcy could stop your landlord from evicting you. The automatic stay that prevents creditors from contacting you and stops foreclosure proceedings also affected landlords. As of 2005 when the Bankruptcy Abuse Prevention and Consumer Protection Act went into effect, this is no longer the case. The automatic stay does not prevent landlords from evicting tenants, as long as the landlord has a judgement prior to your filing. Essentially, if you are in the process of being evicted and you decide to file for bankruptcy, your filing isn’t going to help you all that much when it comes to preventing the eviction.

You can see all of the details of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 Congress.gov.

There are exceptions, and if you are able to catch up on your rent payments, you might receive some protection from the bankruptcy court. The rules about bringing your rental payment up-to-date are strict and you are given only 30 days to do so, and even then it’s up to the court whether or not you will be given the opportunity to stay in your rental. Evictions are decided on a case-by-case basis, so you should never assume you are going to be able to stay, even if you work to bring your payments current.

How Bankruptcy Can Help Renters

The bottom line is there is very little support or protection offered to renters filing for bankruptcy in terms of their living arrangements. You are essentially on your own and responsible for making rent payments, so you can stay in good standing with your landlord. Bankruptcy can make paying your rent easier, of course, because it frees up money to put toward rent. If you are struggling to pay rent and bankruptcy is your next step, you will enjoy some relief knowing the money will soon be available to pay rent. However, if you have already fallen behind on rental payments, it might be too late to protect your current living situation.

If you are a renter considering bankruptcy or you have concerns about your living arrangements after you file for bankruptcy, we can help. Contact the Law Offices of Robert M. Geller at 813.254.5696 to discuss your situation.

Archive

Tampa Bankruptcy Law Blog

I’m Unemployed. Can I Still File for Bankruptcy?

Unemployed Bankruptcy Being in debt is bad enough, but if you’ve lost your job recently or accumulated debt because of...
Read More

How Will Filing for Bankruptcy Affect My Credit?

Will Bankruptcy Affect My Credit? Not paying your bills affects your credit negatively. And yet problems with credit are one...
Read More

Behind or In Default on Your Student Loan? Here’s What You Should Know

Student Loan Default If you’ve fallen behind on student loan payments or your student loans are in default, you aren’t...
Read More

Will Bankrutcy Affect My Job? Learn How Filing Affects You in the Workplace

Will Bankruptcy Affect My Job? Filing for bankruptcy raises many considerations. One of the most important is whether or not...
Read More

Can Bankruptcy Help Me If I’m Behind on Child Support?

Bankruptcy and Child Support Bankruptcy can help you with a lot of things. It can help you stop calls from...
Read More

Can You File for Bankruptcy When You’re Unemployed?

Bankruptcy and Unemployment Being in debt is bad enough, but if you’ve lost your job recently or accumulated debt because...
Read More

Bankruptcy and Eviction History

Eviction With the rate of evictions on the rise in recent months and the expectations that eviction numbers will grow,...
Read More

What to Expect Once You’ve Decided to File Bankruptcy from Home

File Bankruptcy from Home There are a few things that happen when you file bankruptcy from home. An automatic stay...
Read More

Will Filing for Bankruptcy Affect My Job Search? What You Need to Know about Unemployment and Bankruptcy

Unemployment and Bankruptcy Searching for a job when you are faced with a dire financial situation is difficult. If you’ve...
Read More

Will I Need to Go to Court If I File for Bankruptcy?

File for Bankruptcy from Home One of the most intimidating aspects of filing for bankruptcy is meeting in person with...
Read More

Bankruptcy

For The Next 5 Days GET A FREE BOOK About Bankruptcy

Learn More

Infographics

We are A Debt Relief Agency.
We help people file for bankruptcy under the Bankruptcy Code

Pay Online Bankruptcy Courses Newsletter Subscription

NACBA Logo comodo avvo1 avvo2 avvo3 LEA BBB Logo RG Seal

Call For A Free Initial Consultation

813.254.5696

Tampa Office

Law Offices of Robert M. Geller, P.A.
807 West Azeele Street
Tampa, FL 33606
T: (813) 254-5696
T: (800) 853-7549
F: (813) 253-3405

Map And Directions

St. Petersburg Office

Law Offices of Robert M. Geller, P.A.
125 5th Street South
(Wells Fargo Financial Center)
2nd Floor, Suite G
St. Petersburg, FL 33701
T: (727) 532-3939

Map And Directions

Pasco Office

23526 State Road 54
Lutz, FL 33559
T: (813) 336-2320

Map And Directions