landlord question

[blackitalian]

Has anyone filed chapter 7 and assumed your lease on ur apartment or house and the landlord didnt find out?

[justbroke]

It really depends on your attorney and whether the "schedule" such a creditor but does not include them on the Mailing Matrix. A landlord should really only be concerned if you reject the lease or do not list your intentions on the Statement of Intentions. If you assume the lease, then you are on the hook and they retain all legal (non-bankruptcy) recourse against you.

I rejected a lease in a Chapter 13. I did my by motion so I did notify the landlord in that case and even called him before he received my motion to reject residential lease.

The real key is this. Is your lease month-to-month or is it a "new" lease? If it's month-to-month, then it is an expired lease and none of this means anything since you would not even schedule (list) the lease.

[Blossoms]

Has anyone filed chapter 7 and assumed your lease on ur apartment or house and the landlord didnt find out?

My husband and I are in the middle of a Chapter 7 bankruptcy, and rent a house. Our attorney listed our lease/landlords in our petition, and they were notified. I would have preferred them not to be notified, but the attorney said we didn't have any choice about it.

[blackitalian]

Its a new lease. 24 month lease. Did your landlord say anything when they were notified? My biggest fear is that there going to evict me. Im new to this so of course im thinking the worst

[bcohen]

Has anyone filed chapter 7 and assumed your lease on ur apartment or house and the landlord didnt find out?

Yes! I live in a corporate-owned apartment complex, which does not rent to people with recent bankruptcies, and even has a (not legally enforceable) clause in the lease agreement that the mere act of filing for bankruptcy puts a tenant in default. I listed the apartment lease in my Schedule G, and also explicitly assumed the lease on my Statement of Intentions. I did not include the apartment complex or property management company in my mailing matrix, as they are not a creditor. I did not have any problems with the apartment complex, and was even able to renew for another year--even though my bankruptcy case was still open at the time.

You are worrying about this waaaaaaaaayyyyyyyyyyyyyy too much. Even assuming that you live in a state where a landlord can seek to terminate a tenant's lease merely because the tenant has filed for bankruptcy, I doubt that they would take that step unless you were behind on your rent or otherwise causing them problems. You do realize that it costs money to advertise a place for rent, find a new tenant, screen that tenant, and so on. The apartment might sit empty for many months before a new tenant comes along, so it's not clear that this would be a good business decision.

[Blossoms]

Its a new lease. 24 month lease. Did your landlord say anything when they were notified? My biggest fear is that there going to evict me. Im new to this so of course im thinking the worst

My husband and I also are in a 24 month lease, which we just signed in August.

No, my landlord didn't say anything to us. But he and his wife (joint owners of the house we're renting), filed a Notice of Appearance with the bankruptcy court, through a lawyer at the law firm the landlord works for. He is a real estate attorney. The notice just means that they will be notified of any proceedings, filings, etc., regarding our bankruptcy.

Our attorney checked "assume" on the Statement of Intention for our lease, in our bankruptcy filing, so our lease will just continue on as if we had never filed. We were not/are not behind on our rent, so we are just paying our rent like normal.

And as the bcohen posted, it's generally illegal for a landlord to evict someone just for fililng bankruptcy. As long as you are not behind on your rent, and keep up with your rent payments, you have nothing to worry about.

[blackitalian]

How soon after you filed did they get the notice?

[Blossoms]

How soon after you filed did they get the notice?

Our attorney had added them to the creditors matrix, so they were notified of the filing along with our creditors. We filed October 27th, and if I remember right, the court mailed out the notices on November 4th. Some of our creditors were notified of the filing electronically. Then our landlords filed the Notice of Appearance on November 14th.

I really don't think you have anything to worry about regarding your lease, however.

[blackitalian]

If I was to file on the 20th when do you think my landlord would find out? i dont officially move in till the 27th but i've already signed the lease and will have the full payment for the move in on the 20th

[bcohen]

Don't file until you have already taken possession of the premises, i.e. you have fully moved in and are living there. Otherwise, the landlord could certainly change their mind and not rent to you, which would put you in a major bind. While a landlord cannot legally seek to evict you merely for filing for bankruptcy, they can certainly choose not to rent to you due to bankruptcy, so if you aren't already living in the property, don't file yet!