Changed my mind concerning my apartment, have some questions.

[gamecockfan]

I filed early last month and have already had my 341 meeting. I originally stated that I would assume my apartment lease.

We had a death in the family and I have decided to move in with a family member to help her out for a while. So I have decided to amend my information and reject the lease. My attorney said it wasn't a big deal and is putting the paperwork together and I have to go sign the amendment Monday.

I have 2 questions that they have not answered yet. I haven't had any real complaints with this attorney but they have been a little slow getting back to me so I'm just trying to get some general answers to put me at ease.

1. Should this have any impact on my Chapter 7? I won't have that rent expense any longer. I did have it when I filed and just paid this months rent also.

2. When will I probably need to be moved out by? I just paid November's rent so I'm assuming I should at least have the rest of the month. Or do they have to let me stay until discharge? Or can they kick me out right away? I'm hoping to move quickly but it may take a little while.

Thanks!

[justbroke]

1. Should this have any impact on my Chapter 7? I won't have that rent expense any longer. I did have it when I filed and just paid this months rent also.

No. You are still allowed the expense since you still need housing. You are just merely rejecting the lease.

2. When will I probably need to be moved out by? I just paid November's rent so I'm assuming I should at least have the rest of the month. Or do they have to let me stay until discharge? Or can they kick me out right away? I'm hoping to move quickly but it may take a little while.

If you paid November, be out by December 1... completely out! You will need to update your statement of intentions and Schedule G. You need to indicate reject. You may -- or many not -- need to file a motion to reject residential lease (District Dependent). You should not stay past 45 days after the 341 Meeting, otherwise it could be considered that you assumed the lease (not rejected).

I did this, but it was during the period before my Chapter 13 Plan was confirmed. If you are rejecting a lease, you should be leaving very quickly or have already left! Since you paid November, I would expect to stay at least until November 30.

I'd just make sure that I'm out... and that means EVERY SINGLE piece of furniture. Make sure it is back to broom clean and you do all this by the end of the month. I assume that your attorney is going to send a notice to the landlord that you are rejecting the lease.

[gamecockfan]

Thanks for the information. That makes sense. 45 days from my 341 would put me into the first week of December so it sounds like I need to get packing this weekend so I can get it empty and clean by the 30th.

[justbroke]

Thanks for the information. That makes sense. 45 days from my 341 would put me into the first week of December so it sounds like I need to get packing this weekend so I can get it empty and clean by the 30th.

The best thing to do is to actually move out. That's what a lease rejection is all about!