Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Landlord-Tenant
This answer was rated:

I am currently filling out Arizona Chapter 7 bankruptcy paperwork

on my own. I had...
I am currently filling out Arizona Chapter 7 bankruptcy paperwork on my own. I had planned on filing for bankruptcy anyway because I was unemployed for 9 months of last year and fell into significant debt, but I have had to expedite my filing to attempt to avoid being evicted for being behind in my rent. My question is this: in the petition it is asking me if I am submitting payment for my rent for the month of May at the time of my filing. I am not able to pay the May rent at the time of filing (which would be tomorrow), but would be able to pay it on time on May 1st. Will this affect any potential stay in my eviction?
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 25 minutes by:
4/14/2013
Roger
Roger, Attorney
Category: Landlord-Tenant
Satisfied Customers: 31,869
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Verified
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for your question.

Filing bankruptcy will temporarily stop you from being evicted as the landlord will have to file a motion to lift the automatic stay with the bankruptcy court before it is allowed to proceed with eviction. Thus, you will be afforded about 30-60 additional day before the eviction would begin.

However, if you're behind on your rent, then the landlord still has the right to evict you - - - but it would certainly buy you some time. Also, it may be possible to work something out with your landlord to catch up the rent and continue to stay.

However, as for the form, it should be filled out as if you will pay rent for May as it comes due.
Ask Your Own Landlord-Tenant Question
Customer reply replied 4 years ago

Hello Kirk,


 


Thank you for your answer, that's very helpful. I have one more question. Having dug into the forms that I need to file for the Chapter 7 I can see I'm in over my head and need to get an attorney. I see that I am allowed some time for the additional forms, schedules, etc... (7 days for some, 14 for others) and would have an attorney do those, hopefully in a timely manner... etc...


 


My immediate question is this: what forms exactly do I need to file for the petition to stay the eviction? Just the petition form that indicates my name, what chapter, etc? I also have completed and have the certificate of counseling that is required prior to filing. As the eviction hearing is on Tuesday I am going to file with the Bankruptcy court tomorrow and want to make sure before I go downtown I have done what I need.


 


Thank you for your help!

Yes, a local bankruptcy attorney should have access to any necessary documents you will need for filing.

Also, there's no requirement to file anything to get the automatic stay - - it occurs automatically when you file your bankruptcy petition. So, you're protected as soon as your petition is filed.
Ask Your Own Landlord-Tenant Question
Customer reply replied 4 years ago

I'm sorry, please clarify for me: I only need to file the petition form tomorrow? I just want to be sure that the petition form is the only one I need to file and all the additional schedules, etc.... can wait until I can get an attorney.


 


Thank you again!

No, you'll need to file more than just the short voluntary petition form. I was referring to the entire filing -- petition and schedules -- as the "petition". Here's a good link that outlines the forms you need to file: http://www.nolo.com/legal-encyclopedia/forms-you-must-file-chapter-7-bankruptcy.html
Roger
Roger, Attorney
Category: Landlord-Tenant
Satisfied Customers: 31,869
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Verified
Roger and 87 other Landlord-Tenant Specialists are ready to help you
Ask your own question now
Ask Roger Your Own Question
Roger
Roger
Roger, Attorney
Category: Landlord-Tenant
Satisfied Customers: 31,869
31,869 Satisfied Customers
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters

Roger is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, 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

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

3,949 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,112 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,278 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
I am being evicted because I could not afford my rent. Los
I am being evicted because I could not afford my rent … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am a tenet of 25 years as a business owner. I have 11
I am a tenet of 25 years as a business owner. I have 11 months left of a 5 year lease. The owner is starting harassing movements towards us. What we can and can't do, yelling at customers, trying to c… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I am having a legal dispute with my landlord and have a
I am having a legal dispute with my landlord and have a court date at the NYC housing court next week. They are saying I have not paid my rent for November, December and January. They claimed to have … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,112 satisfied customers
I manage a self-storage facility. We have a clause which
I manage a self-storage facility. We have a clause which allows us a Notice of Termination to a tenant. We are not required to give cause. With the advent of so many homeless people we find that it is… read more
Lori
Lori
Juris Doctor
268 satisfied customers
I've lived in a house under slumlord condition with my three
I've lived in a house under slumlord condition with my three children for 6 years all of a sudden there was a 60-day notice on my door the house has been sold I'm being asked to pay $1,400 a month for… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
453 satisfied customers
We gave a tenant a 30 day eviction notice, but found out it
We gave a tenant a 30 day eviction notice, but found out it was supposed to be 60 days. Can we amend it and wait 60 days, or do we have to start all over with new notice … read more
Lori
Lori
Juris Doctor
268 satisfied customers
I was served a three day notice letter yesterday and I
I was served a three day notice letter yesterday and I should be able to pay the month by the 19th as the paper states, but my question is as follows: my landlord told me over the phone on Jan. 9th th… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
If a property owner shares a resident with an ex partner,
if a property owner shares a resident with an ex partner, can the property owner immediately evict the ex partner? or can the expartner claim tennant rights? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have an apartment that was rented three months ago. i
i have an apartment that was rented three months ago. i meant to give tenant a 6 months least but we never got to sign it but intended to have it sign. he is a friend . he is two weeks late to pay ren… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Our daughter and son-in-law were leasing a Home, but had to
Hello! Our daughter and son-in-law were leasing a Home, but had to leave before the lease was up, because the family living two doors down were found out to be drug dealers and there was a drive- by s… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
Is stent intile. I own a house in Bronx, NY, I have a tenant
HI! I own a house in Bronx, NY, I have a tenant that own me 9 months of rent. I send him to court and he was supposed to moved out in December, but he keep asking for an extension. He is very disrespectful, he smokes pot in the smell goes down my apartment. What else should I do? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,327 satisfied customers
I live in Maryland and currently renting a Condo with my
Hello Sir/Madam I live in Maryland and currently renting a Condo with my wife and child. We are moving out of the property by end of this month. The landlord has told us that she will keep the deposit… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
My landlord is forcing me to pay for the cost of heat tapeto
hi, my landlord is forcing me to pay for the cost of heat tapeto heat pipes( mine and tennent of first floor)which is wrapped around the pipes outside of both apartments, the water heaters are in an u… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I currently rent an apartment with my father. The apartment
I currently rent an apartment with my father. The apartment is rent controlled, and we originally moved into the apartment complex in 1993, and have lived in our current unit since 2001. I was a child… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,946 satisfied customers
I entered into a lease agreement with my cousin that in the
I entered into a lease agreement with my cousin that in the event my step mother passed away, the moment of her passing my life estate would start, that because I was living a long distance away I wou… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
We have a current lease on a duplex in round rock texas all
we have a current lease on a duplex in round rock texas all was good till one roomated died now she wants a new lease with new deposit and new pet deposit same people living here same pets why would I… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,327 satisfied customers
My tenant moved out Dec 31st, 2017 - the heat was off when I
My tenant moved out Dec 31st, 2017 - the heat was off when I went there - the water pump froze, I have 26 water pipe repairs to pay for , my boiler cracked and now looking at $15K in repairs - any sug… read more
QuickEasyLegalHelp
QuickEasyLegalHelp
75 satisfied customers
What are the laws concerning electricity shut offs in NJ. I
What are the laws concerning electricity shut offs in NJ. I have a rental property and I live here as well. There is one meter so all utilities are included in rent. Everyone is behind in their rent, … read more
QuickEasyLegalHelp
QuickEasyLegalHelp
75 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x