Break lease now six months before filing?
Hi! I need help deciding what to do. I currently have good credit and have not missed any payments until this month. My mom recently fell ill and can no longer pay on the home in AZ that I bought for her. (It is in my name.) This will be the first month of non-payment. I currently live in a one bedroom apartment with 8 months left on my lease. I'm considering breaking my lease and moving now while my credit is still good to a cheaper 3 bedroom so when my Mom's house forecloses she can come and live with me. My work has declined and I am also unable to pay my credit card bills starting this month. An attorney has told me I qualify for filing a Chapter 7 but recommended I wait six to eight months to file (plus it will take me that long to come up with the money for the lawyer.) So should I break my lease now? Will I be able to keep the new lease and discharge the old one down the road? I was planning on moving out December 1st but I can't pay November's rent and come up with the deposit/rent on the new place. Will they evict me before then? Help!
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Last edited by mfreetofly; 10-30-2008, 02:42 PM. -
If you break the lease you are currently in, it will be dischargeable. However, you may find it difficult to rent a new place if they know you are currently in a lease. The new place will probably call the current place and find out.
If you are able to move, then it seems like a smart move, just remember, the lease break will remain on your housing record. Be sure and give your notice, even though you are breaking lease. If you just skip out, it will go on as an eviction, which is much worse.
Good luck.Chapter 7 Pro Se....Discharged Feb. 2006 -
I was planning on signing a new lease without mentioning the previous one as I have only been here a few months and have recently been divorced so it's easy to list the home we owned as my last residence. Is that terrible? I have someone who wants me to do a long lease 18 months and since my credit report looks good right now she will sign if I go for it. Thoughts?Comment
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Hi, Sorry no one has answered. It is a hard one.... I personally would go find another place while it is still easy. Have you the funds for another month to month? Otherwise you will break 2 agreements and that is bad.
Be ready for the repercussions. I know if you work hard enough, you can get someone to agree with you and rent. But it is not the normal game and you have to be ready for that
Filed C7 Aug 31 2008
341 Oct 8 2008
Discharged Dec 9 2008
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can you possibly sublet your current place? should be mentioned in your lease.Comment
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I think the place I'm in will be hard to sublet because it's far out here and winter. It sat empty for quite awhile before I rented it. My plan was to sign a new lease with this woman who wants a really long lease (prefers 18 months to two years) and then I would have more room and time to get past my BK/Foreclosure.Comment
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if you weren't renting this apartment, would you be able to afford the home your mom is in? i.e., move in with her, ditch the apartment. landlord would understand this better, and then you're not throwing money away on rent somewhere else, but investing in that home.Comment
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Unfortunately my mom lives in AZ and my work is in MN. I would have to leave my only source of income and then could pay absolutely no one. I have no option but to bring her to MN instead. Plus the house in AZ has many problems that I can't afford to fix otherwise I would rent it out to someone. There is a tree in the backyard that's roots are entangled in the plumbing and it needs a new roof. Plus I have no equity. I owe more than it's worth.Comment
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ahh. well, there goes that idea then ;).Comment
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