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Dilemma Regarding Finding New Place to Rent, Stay here, and Timing of BK Filing

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    Dilemma Regarding Finding New Place to Rent, Stay here, and Timing of BK Filing

    Things just can't go smoothly, right? lol

    Well, my wife is mostly finished with our BK paperwork. We have the money to file. We would prefer to file before Oct 13 so I don't have to request off work to go to a stupid CMC.

    We've been renting a condo from this lady who has been unable to sell it. Our lease was up the beginning of the month and we assumed a month-to-month lease. We like it here, but don't have to stay here. We would like to move closer to my job. Our landlord has sent us a new lease to sign. Had she sent it 2 weeks ago, we would've sent it right back. But it looks like we are going to be running into problems.

    A requirement in the lease is that we allow the condo to be shown to potential buyers (per the condo association). We've lived here a year and never had anyone ask to see it. About 2 weeks ago, our landlord stated they were putting it back on the market. I had no idea they took it off since it was my understanding they kept it on per the lease. Well, I remember she had said they weren't "actively" showing it. Well it seems now she has it up with multiple realtors!!!!

    My wife gets a call a few days ago asking if they could come see it. They gave her 1 hour. She told them "heck no." They are required by law to give 24 hours. We have 2 dogs, and it is our understanding they would prefer the dogs not be there. So we have to find a place for our dogs. We can have them stay at a friends, but we have to have time to ask. Anyways, they call back, that evening. My wife doesn't get the message until around 7pm, they want to come in the next day between 11am and Noon. Still not 24 hour notice. She told them okay, as I had assumed they would call back and had asked the friend if the dogs could stay there and really just wanted to get them off my back.

    This is a big hassle for us. We share a car. We had to get up at 5am to drop off the dogs (friend lives an hour away) and then my wife had to drop me off work. She needed the car as she didn't exactly want to be there while they are showing.

    Anyways, this is going to get old, real fast. We have the right to quiet enjoyment. They can't expect to be calling and giving an hour notice or calling the night before. It isn't going to happen again. Our landlord was irritated that my wife told them no the first time. She put in the lease "Tenant has to allow condo to be shown." Whatever. I'm thinking about writing in there, as long as realtor gives 24 hour notice, no less. Don't want to be picky, but since it seems she lied to us about actively showing it, I feel like being annoying right back.

    I'm considering signing the 6 month lease only because I'll just put it in the BK. So whatever happens, we won't be responsible. Part of that is because this carpet is crap. Our little $40 vaccum cleaner picks up pieces of the carpet. It's literally falling apart. It's not even either. Not sure if that makes sense. But over time, it's lumpy?? Someone did a bad job putting this in. I'd prefer to not have to pay for this crappy carpet. So if I include the lease in the bk, I won't be responsible for it, right? My deposit will cover most of it anyway and I could care less at this point if she keeps it.

    We're considering signing, including it in the BK, finding a new place to live, but not moving in until after the BK. Reason being, we don't want the new place to find out about the BK. There really aren't many private landlords (only scumlords in high crime areas) so we are stuck finding an apartment run by a large company. I've heard that some evict people once they hear of the BK. I assume if I move in after the BK (which we sign the lease when we move in) then we should be okay, since the BK notices would have already been sent.

    Thoughts? Suggestions?
    I may be smarter than an attorney, but I'm not one. No legal advice here, people.
    Filed Ch. 7 pro se on 10/22/10 341 on 11/19/10 Report of No Distribution Filed on 11/19/10 Discharged 1/19/11 Closed 2/2/11

    #2
    if you're not filing your bk pro se...ask your atty what to do.

    in many states it's simply not legal to

    1. not let the landlord show the place
    2. not let you have enough advance notice

    that month to month lease is what you have to really check out & the laws in your state. the point is some state give the landlord's more rights while others give the tenants more rights.
    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

    Comment


      #3
      Regarding rentals run by corps, make sure that the new lease agreement you sign does not have a bk clause. Some do enabling them to break lease due to bk filing of tenant post-lease signing. How they would find out, I don't know, but one more thing to look out for.
      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, ETC

      Comment


        #4
        Originally posted by ccsjoe View Post
        Regarding rentals run by corps, make sure that the new lease agreement you sign does not have a bk clause. Some do enabling them to break lease due to bk filing of tenant post-lease signing. How they would find out, I don't know, but one more thing to look out for.
        Thanks. I'll make sure to look for that. There is nothing regarding bankruptcy in our current lease.
        I may be smarter than an attorney, but I'm not one. No legal advice here, people.
        Filed Ch. 7 pro se on 10/22/10 341 on 11/19/10 Report of No Distribution Filed on 11/19/10 Discharged 1/19/11 Closed 2/2/11

        Comment


          #5
          I'm not looking to not let them show, but by law they have to give me a 24 hour notice.
          I may be smarter than an attorney, but I'm not one. No legal advice here, people.
          Filed Ch. 7 pro se on 10/22/10 341 on 11/19/10 Report of No Distribution Filed on 11/19/10 Discharged 1/19/11 Closed 2/2/11

          Comment


            #6
            Hi dumpinmydebt,

            Talk to some of the managers of the large corp run rental places. Some are only looking for past landlord/tenant problems, most look for debt to income ratio (which is excellent post-BK,) and all are interested in confirming your income. You might have fewer problems than first glance.

            Good luck with a new place, your place now doesn't exactly sound like paradise.....

            Tom in Colo
            Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

            Comment


              #7
              Thanks. I don't think we are going to sign this 6 month lease. And if she tries to over charge us on carpet, my wife will just add that in the bk. I think we are going to apply to places before we file. Hopefully I can find a place close to work to help save on gas money.
              I may be smarter than an attorney, but I'm not one. No legal advice here, people.
              Filed Ch. 7 pro se on 10/22/10 341 on 11/19/10 Report of No Distribution Filed on 11/19/10 Discharged 1/19/11 Closed 2/2/11

              Comment

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