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In a pickle need to move, got laid off, filed BK7 and rent is WAAAY expensive!

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    In a pickle need to move, got laid off, filed BK7 and rent is WAAAY expensive!

    Hey gang-

    I have been searching the forum because I need to move. I live in San Diego with a 1 bedroom/ 1 bath and paying $1235. Yeah I know.. When I moved in that was the going rate at the time. Since living here for almost 2 years. Currently there are a lot of folk that have been moving out due to prices and noise or crazy lady digging in the trash bins. So I heard you can break your lease when you file BK7. All other apartments around has apartments listed for $200 less.

    What should I do?

    A) Talk to the landlord. Explain I just lost my job and there is no way I can afford $1235. See if they can cut a deal?

    B) Talk to my lawyer about how to break my lease via BK7?

    C) Look for a new place. Apply. See if I can get in then break my lease?

    D) Sit and scrap the cash together and live off of cat food and ramen?

    My lease is up in March. But I can't pull it together. I'll be homeless.

    Any suggestions?

    ~Michelle

    #2
    I am sorry to hear that you are in a tight situation with your losing your job and wondering what to do about your lease. Since you filed, did you list your landlord in your matrix to be notified of your BK?

    It depends on the landlord if you can break the lease if you lost your job. Did your lease have a clause in the event of job loss and or BK? I would think you can break your lease given your situation, but talk with your attorney and your landlord and see what your options are in regard to the lease. Maybe in your case you might want to rent a room of a private home if you feel comfortable. That might be lower in rent? Are you getting unemployment benefits?

    I am a renter and I notifed my landlord even though he was not listed in my matrix (I rent a private home)of my BK. He said if I ever lose my job I can break my lease and look for someone to replace me. Important thing is to be upfront with your landlord and ask questions to your attorney. Best wishes
    Chapter 13 filer since Feb. 2018 under a 60 months payment plan
    Please think positive and do not give up!

    Comment


      #3
      You can include a rental lease in your bk. Once discharged, you have no obligation to pay the remainder pf the lease.

      Comment


        #4
        I would get a new place while your credit is still good and you don't have a broken lease on your record. Once you have the new place you can then move and break your lease and include it in the chapter 7.
        You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

        Comment


          #5
          Is the $200 savings in rent going to solve your predicament?

          I would suggest finding a friend or family member to live with until you are in a position to file bk and get a new apartment. I would think two broken leases on your record would be worse than one.
          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

          Comment


            #6
            Hi Ohio Filer

            Sorry no one I can live with. On my own on this one.
            The $200 in savings is referring to the fact that all other apartments are at least $200 cheaper.

            I think I need to speak with my lawyer on this one.

            Comment


              #7
              Everyone great advice. Most agreed just break the lease. I have 4 months severance and 1 months worth a vacation days. There is no way I could hold out on this place. I think each of you have valid points because talking to my lawyer and bailing is the best bet.

              Writing him an email now.

              Thanks all! And best wishes to each of you!

              Comment


                #8
                If you lost your job you are not going to be able to rent another place without income. Remember, filing Chapter 7 does not solve unemployment issues; you will be debt free following discharge but will still will have no income. As the other posters stated, review your lease clauses as to breaking the lease and/or nonpayment of rent. Talk to your landlord openly and honestly and also talk to your lawyer.
                _________________________________________
                Filed 5 Year Chapter 13: April 2002
                Early Buy-Out: April 2006
                Discharge: August 2006

                "A credit card is a snake in your pocket"

                Comment


                  #9
                  I was looking it over last night. Says nothing about BK7 or job loss. Monday the manager will be in. Let me see if I can talk to her. I have a feeling, like most of what I say to her will fall on deaf ears. I have to do something!! Otherwise it's living out of my Hyundai Accent for me! I have actually answered ad's on Craigslist for a roommate situation. Let's hope I find someone who's nice and not psychotic.

                  I never thought I would get laid off. They said when they did the acquisition that the tech staff would be OK. I was 1 of 2 people who got the can in my office, but they let go of a lot of employee's in all offices or shut down offices. Well... I guess that funny feeling I had for the buyers was right on. Well when you buy a company for 1.8 billion cash you have to cut corners SOMEWHERE?!?! lmao but not in a good way.

                  As for the apartments. There are a lot of people bailing out of this place. I just helped my neighbor move out of her apartment and she was renting for $300 less then what I was paying! There are a lot of people just leaving and all these vacant apartments. Maybe if I explain the situation and ask for a cheaper apartment? They would let me take it. I have paid on time up till this point. Let's hope I can make a deal or something. Also my lease isn't up til JUNE! Good Gravy!

                  I'm also selling a lot of unnecessary things on Craigslist. Which reminds me I should list a few more items. Any one want a nice duvet?
                  Last edited by DarthMittens; 11-01-2009, 08:50 AM.

                  Comment


                    #10
                    Did you included your lease under Schedule G of your petition? If so, your lease is technically null and void. If not, you can just have your schedules amended to include it. Since you filed, you can break the lease without any issues. I would also stop paying them rent and use the money for a deposit.

                    Schedule G is where all executory contracts and unexpired leases of any sort must be listed anyway.
                    My comments are solely based on my opinion. The information and links that I have
                    posted are provided solely for informational purposes, and do not constitute legal advice

                    Comment


                      #11
                      Oh no. That was left blank on my form and my lawyer never told me that!

                      I hope I can change the paper work or make amendments. I have not went to my first meeting yet.

                      Let hope I can make that change. He was suppose to ask me that I told him I was renting!


                      craaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaap.

                      Comment


                        #12
                        Changing it is easy. The lawyer will simply send an amendment to the court and list them. As long as you do not reassume the lease, the lease is null and void.
                        My comments are solely based on my opinion. The information and links that I have
                        posted are provided solely for informational purposes, and do not constitute legal advice

                        Comment


                          #13
                          Do you like where you live? Remember after BK is not as easy to rent somewhere

                          If I were you, I would fine a studio apt..oh wait I just did lol... I actually moved to a studio apt from a 2 br..so I do know how you feel..I couldn't pay my rent and couldn't find a roommate.
                          Too bad you don't live alittle farther north.lol
                          Or find a room in a family..be careful with Craigs list. I was looking for a roomie for a long time and people would stand me up for apts. I found a couple there and it wasn't pretty.

                          I'd look for somewhere comfortable for you for at least 6 months or until you find a stable job.

                          My salon is so slow and I can't live on that alone I started doing a MLM that is actually doing very well. Still underwater but I can see a glimmer of light with this one...

                          Good luck...

                          Comment


                            #14
                            Thank you guys for all the helpful information. I contacted my lawyer and we will be slapping the current apartment complex with a nice little note and fixing the paper work. I did find a very nice smaller apartment that is $355 less then what I am paying now. Better than nothing. I explained to the landlords and manager why I had filed bankruptcy and they are reviewing.

                            Comment

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