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TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 9774
Experience:  Licensed to Practice Law
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bankruptcy and residential lease...

Customer Question

Hi, hope you can help me...
What is the name of your state (only U.S. law)? New York.. Have a question regarding existing lease in bankruptcy. i am in the process of applying for SSD, so am not working and haven't for seven months. I have just had my day in court for chap. 7 bankruptcy. I am behind in my rent for my apt. and for my car by a couple of months. Trying very hard to play "catch-up". Received a notice from the apt. complex for a "3-day quit or vacate", about a week ago. I have been paying small am'ts. to them as able, usually on a weekly basis. My lease is up in April. They will not let me out of the lease, unless I find a sublet. I know they have received notice of the bankruptcy. I made it clear to them I had intended to stay put, but was invited to stay in the other half of my ex's duplex until things settled down for me. Someone told me that the bankruptcy made my lease null and void; that I could just move out and they couldn't force me to pay the remaining rent. Is that true? I've also read that they could just evict me, based on the fact that I was going through a bankruptcy. Trying to make some sense out of all the stuff I've been told and read. So, what's the scoop?Thanks for any enlightment you can shed on all this! (P.S.- I have been receiving Unemployment benefits, but need to stop and go on Social Services, due to filing for SSD...)What is the name of your state (only U.S. law)?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  TJ, Esq. replied 5 years ago.

Hello and thank you for allowing me the opportunity to assist you.

Question: “Someone told me that the bankruptcy made my lease null and void; that I could just move out and they couldn't force me to pay the remaining rent. Is that true? I've also read that they could just evict me, based on the fact that I was going through a bankruptcy. Trying to make some sense out of all the stuff I've been told and read. So, what's the scoop?”

Answer: Well, it doesn’t really make your lease void, but if you moved out of the apartment and your landlord is included as a creditor in your bankruptcy, then it does mean that he can’t go after you for the unpaid rent since that debt would be discharged. With regard to evicting you just because you filed for bankruptcy, that is not generally true so long as you continue to abide by the lease and pay on time.

At this point, you may want to move out of the apartment and make sure the unpaid rent debt is included in your bankruptcy so that it is discharged.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

If the information that I provided was helpful, then please remember to click the green accept button so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Thank you and good luck!

.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the state of Maryland. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 9774
Experience: Licensed to Practice Law
TJ, Esq. and 4 other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.
My lease info. was included in the bankruptcy filing. I'm not sure they were included as a creditor; I indicated, at the time, that I planned on staying (here). I need to call my atty. for clarification on several issues later, that being one of them. I don't want to be evicted on top of everything else; I don't want that on my record, too. Thank You very much for your time!

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