How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask WALLSTREETESQ Your Own Question

WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15996
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
16356563
Type Your Bankruptcy Law Question Here...
WALLSTREETESQ is online now
A new question is answered every 9 seconds

On April 11, 2011, my wife and I signed a 1 year lease to rent

Resolved Question:

On April 11, 2011, my wife and I signed a 1 year lease to rent a house that was for sale. On 8/9/11 our bankruptcy attorney filed a voluntary chapter 7 petition. In that, we did list our security deposit with the landlord as an exemption, however did not list the property, lease, or landlord in our creditor matrix because there is no past due rent, and we were not looking to drop our lease at that time. Since he was not specifically listed, I know the chapter 7 discharge voids all contracts, however is the lease null and void as of the discharge if not specifically listed w/out a reaffirmation signed. If it is null and void, I would understand that to mean we are living here w/out a lease and that means we could move out at anytime w/out penalty just as on the flip side, the landlord could kick us out at anytime because of this. How does that specifically work, if we are allowed to walk out w/out penalty of being sued for the remainder of the lease amount, could he ring the doorbell at anytime and say get out this second because w/out a lease we are technically trespassing, and could he say get out this second w/out allowing us to retrieve our property since it’s on his property w/out a contract and keep our stuff, or would he still have to go through an eviction process?
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 2 years ago.
Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on.

If you pay the lease you can stay in your home, if you fail to pay the landlord after the bankruptcy, you would not be able to discharge the debt, however the landlord would still have to evict you in court.

The filing of the bankruptcy does not invalidate the lease with your apartment, it would invalidate it if you choose to not honor it, and list it in your bankruptcy.
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15996
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
WALLSTREETESQ and 5 other Bankruptcy Law Specialists are ready to help you
Customer: replied 2 years ago.

So as long as I continue to pay monthly, he can't throw us out if he finds out about the bankruptcy?

 

Also, if I wanted to get out of the lease, I know it's shady, but could I legally go onto the court site, add him to the creditor matrix and be released of all liability. I say that because right now I have a situation going on that I posted in the real estate law section that hadn't been answered in which when we signed the 1 year lease 5/11, the polace was for sale, however no where in the lease does it say I have to allow showings. In fact, section 13 states he may only post a for sale sign and show it w/in 45 days of the expiration of the lease. Real estate agents are calling now and demanding I let them show whenever they feel like, and when I say the time dosen't work, they are arguing saying I can't stop them, however, according to the lease he gave us to sign, he's violating section 13 just by having the sign out and being on the market. I have been letting them show, but now it's becoming inconvienient, and I'm saying I have fully legal right to say no to any and all showings from now until March 15, 2012. However I have not been answered as of yet I posted the question 2 days ago, I have included it below including the link to view the entire lease if you care to take a stab at it:

 

History: On April 11, 2011, in Brown County (Green Bay Wisconsin Area, City of De Pere) my wife and I signed a 1 year lease which I have posted a copy of at: http://voiceondemand.net/Dispute/Ash_Lease_Post.pdf

Background: The house was for sale by landlord when we signed the lease, with a for sale sign from the real estate agency in the front yard. As you can see, there are no added written provisions about showing of the property by real estate agents. In fact under section 13, ‘Inspection of Premises' it states landlord / landlord agent may enter any reasonable time for inspecting which I take to mean once or twice a year to inspect for cleanliness or damages. Further down section 13 states he may only exhibit (showings) and / or display a ‘for sale' ‘for rent' ‘vacancy' WITHIN 45 days of lease expiration. So as I interpret this, he is violating the terms of his own lease by both having the for sale sign outside, and having real estate agents show the property which they have a key lock hung on the door they can get in anytime they want. Furthermore, section 18 entitles me to ‘Quiet Enjoyment'

Problem: I have been getting phone days about every other day from agents who want to show, for the most part, I have allowed them to show. I am no longer willing to allow showings after she attempted to force and bully me yesterday when I had an agent call to say she was going to show it Monday between 5 & 6. I stated no, that time does not work, I will get back to you with a time that works. She said I had no right to say no and that I should plan on the showing happening, and she was going to call the landlord to force me to allow the showing. 2 hours later, the landlord sent me a text message stating, "The realtor says they have 3 parties that want to see the house Monday, please accommodate them."

Question(s):

1.) Am I interpreting section 13 right that he is violating his own terms and is not allowed to have a for sale sign out front, and should not be showing it and in addition must take it off the market until 45 days prior to expiration.

2.) Do I have the legal right based on the terms of the lease to say no to the agents that call to show, in addition am I legally entitled to call them and say you may not show as of now until 45 days before April 30, 2012?

3.) If the above answers are yes, if the agents have to stop showing, the item in section 13 that says landlord / landlord agents (which I understand the real estate agent is an agent of the landlord, however they are a sales agent) may enter at any reasonable time for inspection. Am I correct that that only includes a once or twice yearly check for damages and / or cleanliness, meaning, can he get around the agent showing by bringing people himself during one of his ‘inspections' or would that be against the terms because he is showing which is above and beyond a damage inspection.

Expert:  WALLSTREETESQ replied 2 years ago.
1. It seems the landlord is in violation of the lease terms, also he must notify you and have your permission to allow individuals to see the property.

2. Yes, as per the lease you can deny entrance.

3. Reasonable entrance is a vague term and usually means that you have agreed with the landlord for access twice or even four times a month could be reasonable.

4. You would have to file a motion to reopen the bankruptcy and add the landlord, and the lease and any arrears would be discharged.

5. If you bankruptcy is still pending, than you should file an amendment and add the landlord to break the lease.
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15996
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
WALLSTREETESQ and 5 other Bankruptcy Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you so much for answering what no one else cared to take the time. My petition was filed not including the landlord or the lease, only the security deposit claimed as a protected exemption, we have had the 341, however not officially discharged so they told me I could go on the site and add a creditor. Now if I add the landlord however there is no back past due rent, just adding him to get a notice not making a financial claim,

 

#1) If he is just notified and no claim is posted since there is no back rent, does the action of adding him and being notified automatically void the lease, or he just has the option to.

 

#2) By adding him is a reaffirmation his choice or do I do I have the ability to say I want one and he has to do it?

 

#3) If I were to add him and he voids the lease (#1 above), it's voided at that second, however does that mean if he voids it, I'm not clear on the law, my assumption is that if he voids it, the second it's voided us still being here is technically tresspassing on his property w/out a lease, furthurmore, would we technically have to be out that second and technically since we would be tresspassing, if he says leave now, is he entitled to keep our property or does he by law have to give us time to remove our property or even voided would the entire thing still have to go through a court ordered eviction process?

Expert:  WALLSTREETESQ replied 2 years ago.
1. It does invlaidate the lease, but he still has to evict you in court.
2. He can object.
3. He would have to evict you in court.
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15996
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
WALLSTREETESQ and 5 other Bankruptcy Law Specialists are ready to help you
Customer: replied 2 years ago.
Last thing, I am assuming because he is violating terms of the lease not us I could according to the law force the issue in court, but does he have to have a valid reason like past due rent to evict us or could he evict because he gets mad about me not letting some showings.

Are we protected from eviction because we are following all terms of our lease or is it like a right to work state where you can be fired for no reason, can he evict for no good reason?
Expert:  WALLSTREETESQ replied 2 years ago.
He can try to evict based upon those tow reasons, however a Court would only evict you if you fail to pay rent.
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15996
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
WALLSTREETESQ and 5 other Bankruptcy Law Specialists are ready to help you
Customer: replied 2 years ago.

I know my question was rambling and repetative, however let me try to clarify your answer, also be advised I am in an unlimited question free trial so I don't know if your get paid for your answers by justanser or not, but I am currently adding funds to bonus you.

 

1) I could take him to court to stop him from showing and force him to take it off the market until 4/15/12 and w/out retaliation correct?

 

2) He COULD take us to court on an eviction, however no judge would grant an eviction because I told him no more showings or retaliation if I had to force him to stop showing based on violating section 13 of the lease terms correct?

 

3) As long as I pay the rent, and don't break any other terms of the lease, he can do nothing to me, he would just have to stop showings and let us live peacefully until the expiration of the terms of our lease correct?

 

4) Because I did not include him in the bankruptcy on the creditor matrix, if he found out about the bankruptcy based on a public record search, can he void the lease based on the fact that I filed, or does he and / or the lease or property itself have to be named specifically in my petition or on the matrix, or can he find out about it and petetion the court to be added to force voiding the lease?

Expert:  WALLSTREETESQ replied 2 years ago.
1. You can enforce your lease in court.

2. yes.

3. yes

4. no, he cannot void the lease due to your bankruptcy filing.
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15996
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
WALLSTREETESQ and 5 other Bankruptcy Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.