Last Rent Payment

[newstart68]

I filed Chapter 7 on 10-13-06 and had my meeting of creditors on 11-13-06. I have till the end of January to wait for my discharge. My existed lease on my apartment ends on 12-31-06. In October I went apartment hunting because I wanted to find a place and have them run my credit prior to my BK showing up. I found a place and signed my new lease already. I am scheduled to move in on 12-15-06. My security deposit on my existed apartment is $585, which is equal to one months rent. My question is this, what could my existing landlord do if I didn't pay my December rent? They were listed in my BK and since I would be moving in to my new place on 12-15-06 I don't need to worry about being evicted. This would really help me for the Holidays so I can afford to buy gifts for my two kids. I would like some advise please.

[CindyLou]

Do not do this!!! He can keep the deposit AND charge you your rent!!! And the debt would be incurred after filing so you would be responsible for it. But what you can do it ask that the deposit be used. What state do you live in? Here in california they automatically by law can keep up to a certain amount to pay for carpet cleaning and painting the walls.....so you almost NEVER get the full amount back. I WOULD not burn bridges. The purpose of your BK was a fresh start so be responsible and make that new start and handle your business the right way. Just my advice.

[Spartan]

They will black list you and you wouldn't be able to rent again. You can get your kids something simple for the x'mas and make up later when you get the deposit returned.

[rrockinggramma]

Once again at the risk of being ridiculed, I have done what you are thinking of doing. I have had no problems rerenting because the new place I went to, made sure my rent payments were paid on time and had a good history to move from in the future. Course the complex I left will never rent to me again and if they are a big company that has complexes throughout the US, then you won't be able to rent from them either. You will lose your security deposit as that will be applied to the last month's rent. But if they are listed as an actual creditor then they would have no recourse. Have they received notice of your BK? Also when I moved, the new place was made aware of my BK (credit report but I told them ahead) and I had to provide them with a statement from my lawyer that I could not add them to my BK post petition.

[CindyLou]

I do not think that is accurate information. If he skips out AFTER the BK is filed then the landlord WILL have recourse because the debt is incurred after the BK is filed....I don't think a lease is the same as a secured debt. There is not a "balance". It resets every month to a new amount owed. If you had back rent due at the time of filing, you may have been able to get away with not paying that amount depending on your circumstances. If not paid, it will be listed as an amount owed to a landlord. I, presonally wouldn't risk it! This is a new start and skipping out on the last month's rent would be a step backward. This would be listed on the credit report for seven years and it is difficult to rent with a negative history. Remember, postive rental history is not listed only negative.

[newstart68]

I want to thank you for all the replies to my question. rrockinggramma - I wanted to add that yes my apartment complex was listed as a creditor in my BK and yes they did receive notice of my BK. I figured I would never be able to rent from them again and that they would keep my security deposit which is ok. I would create a new rental payment record with my new complex which would be in good standing. I am not looking to rip anyone off but my BK is not going well. I have till the end of January until I receive my discharge and already two creditors are asking for reaffirmation of partial credit card debt. I just can not afford it. My attorney is working on that now so I am not sure of any amounts yet. I also don't know where I am going to pull the money from to pay my attorney, I don't feel any relief and I don't feel like I will have a fresh start after this is all over.