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Do we need to inform landlord?

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    #16
    If you want my opinion, I would not tell the landlord. The landlord's primary objective is for you to pay the rent. Why rock the boat or open a can of worms?

    I would only let the landlord know if you think that you will have a problem in the future paying the rent.

    I would try to keep bankruptcy on the down-low even place else other than this forum where you can post anonymously.

    If you're not legally obligated to tell a landlord and there's no benefit of doing it, then why do it? Why stir up trouble when there doesn't need to be any trouble?

    It's like that saying... "If you don't have anything nice to say, then don't say anything at all."

    I would think that would apply here. See disclaimer below this message.

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      #17
      Originally posted by debtmonster View Post
      If you want my opinion, I would not tell the landlord. The landlord's primary objective is for you to pay the rent. Why rock the boat or open a can of worms?

      I would only let the landlord know if you think that you will have a problem in the future paying the rent.

      I would try to keep bankruptcy on the down-low even place else other than this forum where you can post anonymously.

      If you're not legally obligated to tell a landlord and there's no benefit of doing it, then why do it? Why stir up trouble when there doesn't need to be any trouble?

      It's like that saying... "If you don't have anything nice to say, then don't say anything at all."

      I would think that would apply here. See disclaimer below this message.
      Your legal obligation is to disclose the lease on your bk petition.
      Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

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        #18
        My landlords got in touch with me and said they really appreciated my honesty and to let them know if they can be of any assistance later on. They won't kick me out. I just feel it is prudent to let the landlord(s) know, just never know if they find out about the BK from another source.
        Chapter 13 filer since Feb. 2018 under a 60 months payment plan
        Please think positive and do not give up!

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          #19
          leena:

          Back from my 341. My lawyer INSISTED that this was not important, that the court only cared about car leases? Maybe each district is different with quirks like this. If I have problems down the road, I'm confident it will be his butt....(at least)
          Filed Chapter 7 08/06/09, unsecured debt of $109,000
          341 Meeting 09/09/09
          Discharged 11/12/09
          Closed 12/14/09

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            #20
            In my case my landlord was not listed on my petition. I am on a month to month basis so my attorney said no need to put it on there.
            Filed 5/29/09
            Discharged 9/14/09

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              #21
              I guess I'm with debtmonster on this one. The prevailing wisdom in my local legal community is that the landlords could give a rat's ()*&^%! as long as you're paying rent. We'll see, I can definitely say went over the issue with my atty THOROUGHLY.

              I imagine with vacancy rates as high as they are, landlords are not as picky as usual either.
              Filed Chapter 7 08/06/09, unsecured debt of $109,000
              341 Meeting 09/09/09
              Discharged 11/12/09
              Closed 12/14/09

              Comment


                #22
                Originally posted by killinstinct View Post
                I guess I'm with debtmonster on this one. The prevailing wisdom in my local legal community is that the landlords could give a rat's ()*&^%! as long as you're paying rent. We'll see, I can definitely say went over the issue with my atty THOROUGHLY.

                I imagine with vacancy rates as high as they are, landlords are not as picky as usual either.
                That is true. In my case, I wanted to be cautious and to be upfront with my landlords in case they found out about my BK from elsewhere even though it was not listed on my petition. It would be a personal choice for the renter to decide whether to tell the landlord(s) or not that he/she has filed for BK unless he/she will have problems paying the rent. Like DM pointed out, then yes, the landlord(s) would have to know.
                Chapter 13 filer since Feb. 2018 under a 60 months payment plan
                Please think positive and do not give up!

                Comment


                  #23
                  Originally posted by OhioFiler View Post
                  Your legal obligation is to disclose the lease on your bk petition.
                  If it says so on the lease, then you should do it.

                  If you've been renting for a while and have been on time with the rent, I really don't see an issue in telling them. I would just not advertise it if you don't have to legally.

                  If it were me, I would not tell the landlord as long as I was certain I could pay the rent on time. That's just me personally. Feel free to do what you want. This is not advice. Just my personal opinion.

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                    #24
                    Originally posted by ForumReader View Post
                    I am renting a place as well (not an apartment, but in a private home) and I discussed with my attorney. He did not specifically list my landlord's name on my paperwork, but listed my security deposit. He told me it was up to me to inform the landlord. Since I have been paying my rent on time and have been renting the place for 2 years already, I intend to honor the lease addendum that I signed and have already informed the landlord. To date, there seems to be no problems from my landlord being aware I have filed for BK. My attorney said the key thing is keeping rent payment current and if not, then there would have been problems.
                    That's what I did as well with mine. I was current with rent so did NOT list the landlord as a creditor. I did list the security deposit however. The landlord was never to my knowledge notified. I'm not sure if this was proper or not but it caused me no problems. I would go with what your attorney recommends since that is their job.
                    Disclaimer: I am not a lawyer nor giving legal advice. Use at your own risk.

                    Comment

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