Should I file Before or After Eviction??

[Krys]

We are ready to file now, like tomorrow.

But we are facing eviction (long story short, our disabled child was in the hospital for months, and our income has been severely affected.....we can't afford our rent. We are going to stay with family until we get on our feet again).

But the eviction papers haven't been filed yet. I want to make sure that our decision on this doesn't affect our financial recovery after filing.

Should I file BK before they apply for the eviction, and then just let the eviction pan out? Should I file after they apply for eviction so that it is covered in the BK proceedings? Or should we give them a 30 day notice to leave, avoid the eviction, and then file for BK, knowing that they'll probably sue us?

I hope this isn't too confusing. I can't believe we even have to consider this, but we are at the bottom.

[daxtell]

if you get an eviction (sometimes also called an unlawful detainer) on your record, you will have issues in the future renting from prospective landlords or management companies who pull this information on checks they do in the application process. good luck to you.

[Slingerland]

Krys, I am a landlord, and if I may, let me give you a landlord's perspective. I've been in the situation before, and here is how I handled it.

First, I am going to assume that you've always paid your rent before, and that you haven't damaged the property. Your child is ill and money is running out. The best thing for you to do as a tenant is to approach me openly and honestly, tell me the situation. Tell me you simply cannot afford to stay and ask to set up a date with me to move out.

Most landlords understand the "blood from a turnip" issue: if you don't have the money and are unlikely to get it, suing you is a waste of the landlord's legal budget. Under your circumstances, even if you are behind in rent, I wouldn't press... assuming you have not damaged the property. I would ask you to put some significant effort into leaving the place really clean so I could re-rent in a hurry. I would let you out of your lease, and remember to say a prayer for your child at church the next weekend.

The emphasis here is being open and honest and friendly to your landlord. You don't have the money you owe... and landlords have taxes, insurance and (in most cases) mortgage payments... but is there something you can offer to ease the sting? For me, getting the unit back quickly and back on the market is the best offer a tenant can make in these circumstances. That's why I meantion cleaning... it's physical labor, but it helps get the unit back on the market.

The issue is that most tenants are not as honest nor as consciencious as you... I'm assuming your character is good by the fact that you've posted here. It's important that the landlord believe your story and want to work with you.

Many times I've been given an excuse after excuse from a tenant, while they live in my house for free. They have no intention on paying rent. In other words, they are stealing from me... stealing the money that is rightfully mine. And I view that as stealing from my children. In those cases, yes I pursue the unlawful detainer zealously. And those "deadbeat" tenants get reported to the credit bureaus and tenant rating agencies so that they cannot steal from other landlords.

I know it sounds harsh, but from the landlord perspective, a tenant is being trusted with a property worth thousands of dollars, often just on their good character and word. And many landlords get burned and become cynical. And honestly, some landlords are asp holes.

But I believe the best thing you can do is to be open and honest. Take the high road and feel better about yourself. And if your landlord is an asp, remember karma can be a witch.

Please let us know how this goes.

[justbroke]

As a landlord, I won't repeat what Slinger wrote, but it's in line with what I have gone through. I just want to let you know that you NEVER want an eviction on your rental "credit". Yes, Lexis (and I think Equifax) maintains rental records and I, as landlord, use one of several service to pull your "credit". An eviction is an absolute non-starter for me. I will not rent to anyone with an eviction on their report.

Open honest is the best, but you also need to vacate the property. The landlord typically is an average person, like Slinger and I, who has to pay a mortgage as well. If someone approached me, I might give them 1-2 months extra time (rent free) so long as they didn't destroy the place, left it clean, and left before or after the agreed upon date.

[Krys]

Thanks for your responses. They were extremely helpful.

We have a good relationship with the office mgmt., but the complex is owned by a very large company out of state, and so the complex is run
by a "set-in-stone" list of rules and regulations. We have approached them about our situation, but our best choice right now is to cut our losses (and theirs).

It's very clear that an eviction will not be erase by bankruptcy, and we've always had great tenant/landlord relationships and are going to be renting for a long time
in the future. So we'll give our notice and go from there.

Thanks so much.
Krys