My landlord wants to evict me, even if the house i also currently live in will be going on sheriff sale on 10/12/10, my discharge date is 10/10/10, can i get a stay on my current residence since i also listed the back rent on my bk, or my landlord can throw me out even if he is isn't paying his mortgage as well. I only owe him for a month and he seems to pester me only because i am a female but my neighbor are yet to get one call from him but they haven't paid in 4mths , i asked him about that and all he says is i will evict them soon but he is yet to make contact with them.
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He can't start the eviction process until he files for relief from stay and the motion is granted.
Understand though, you are liable for rent that you haven't paid post bk filing. -
It takes about a month to evict someone here. A friend is in the same boat but current. I was told they could sit there for atleast 90 days after the bank foreclosure goes through.
YOu need to pay the month if your over 30 days late. If not wait out the foreclosure and save up the money. Honestly since he lost the house I would say go ****yourselfComment
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Hi saks,
my discharge date is 10/10/10, can i get a stay on my current residence since i also listed the back rent on my bk, or my landlord can throw me out even if he is isn't paying his mortgage as well.
Yes
Yes
You are already under the BK automatic stay. Landlord needs to file for relief and if granted can begin the eviction process......which is a legal procedure, with its own documents to be filed, served, answered, etc. Each state may be different so find out what the process is in your state.
Do you have a rental agreement? Hopefully so, and now is the time to read it carefully.
Landlord not paying mortgage is his own business. Nothing to do with you.
Same with other tenants rent.
I would bet good money that you can't be evicted (legally) before the sheriff sale. Enjoy another rent-free month!
Tom in ColoCh7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010Comment
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It is possiable, given I only know indiana. We evicted someone 6 months ago. They where into meth and living on some property my parents leased for their business. We file on the 2nd court date was the 18th and she was out 5 days later. The judge told her she had to move. She moved, being bk and if you fight it you would likely get a month before really getting infront of a judge. Say he files tomorrow 8/23/2010 given normal court time lets say court date is 30 days later. WHICH SEEMS TO BE NORMALL AGAIN AROUND HERE. which would have you in court around the 21st of sept. You go in tell him your in bk and would like till your discharge date to catch everything up or prepare to move. Tell him if the landlord once you to move you will if not you will catch it up then baring any unforeseen issues.
Likely he would say ok and the landlord is likely to say move. SO on 10/10/10 WOW a nice day for a discharge. On the date you tell him you will have his money in a few days
then on the 12th it goes to sheriff sale and you tell the bank after the sale and they buy the house for the min bid they make which is the mortgage. AGAIN NORM HERE.
A fellow member posted this when I had a similar question.
Look up PTFA of 2009 for starters. Second, the bank, under PTFA, and in the absence of a buyer who wants to inhabit the property as primary residence must provide them either with a minimum of 90 days to vacate or the duration of their lease, whichever is longer. In addition, some banks are willing to let renters stay under a new lease with the lender so the property remains occupied and upkept. However, these are few. Most banks are not in the property management business and would rather take possession. In either case, they should back themselves by knowing their rights under PTFA and their state's civil code as it applies to the effect of foreclosures on leases, evictions, etc. With any luck, they'll be able to negotiate a cash for keys (C4K) settlement with lender to pay for their moving costs, new security deposit, etc.
So after the sale they give you 90 days or your lease which ever is longer.
Best case you live 135 days free. Or 4.5 months FOR FREE. Sounds like a good deal to me.
If it was me I would sit down with my landlord and talk it out. I would tell them you understand the issue of him needing payment. You also understand he is loosing the house and if you pay him you really have no legal assurence you will be allowed to stay. I would offer him any back rent up front. Then any future rent at the end of the month your paying for. Thus paying sept in oct, oct in nov. Then after the sale and he is not the legal owner stop paying and work with the bank.
Might be totally being a ***hole but you have to do what you need to do for yourself. A friend who is in the same boat(but current) had a friend of his told him the bank will let him sit there till they sale it. He even said he was told he would likely do so rent free.Originally posted by tcreegan View PostComment
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saks,
Two different areas of law here. BK, which tcreegan and keepmine answered for you and landlord/tenant law which bigtim quoted my answer on. The BK provides you a stay, and the landlord must file for relief. The eviction, first and foremost, look up and read the PTFA of 2009 AND your state's civil code as it applies to tenancy laws, eviction proceedings and security deposits. One thing that will make a huge difference in your rights is your length of residence at this property, your rental payments up to date, and whether you have a lease or a month to month tenancy under arms-length transaction.
Please look up above laws, apply them to your situation, then feel free to ask further guidance if need be, however be prepared to provide further applicable details.Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETCComment
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