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How to get an apartment lease/rental after BK 7?

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    How to get an apartment lease/rental after BK 7?

    I am having a tough time finding a place to live right now because of a collections account opened with a local property management group. I had an apartment lease through them a year ago but I bailed (broke lease) when I lost my job and couldn't pay, rather than face eviction. I owe them $3400 (includes 3 months of rent, plus pro-rates and lawyer fees).

    This agency is the 'big dog' in town and everyone knows their name. I feel I may have been blacklisted to a degree...case in point, I recently tried to apply for a couple new leases, with different agencies - both of which were declined due to 'information contained in my credit file'. Once my BK is final, what can I expect? The obligation for breaking the lease should be discharged, but will it stay on my report listing the property management group? This could be a disaster for me.

    Many rental applicaitons ask if you have ever filed BK before, or if you have unexpired leases or collections...what should I disclose? As far as finding a place, I suppose it depends to a degree on how diligent the lessee is in checking...I hear everyone is desperate for renters these days, but a lot of doors are closed to me.

    Anyone care to share their rental experiences? On a broader level, has anyone faced any kind of discrimination due to the BK lited on their credit report? How to deal with this when looking for apartments?

    Thanks
    Last edited by tazunemono; 05-08-2012, 10:52 AM.

    #2
    Its not the amount you owe that is causing the problem - but having negative rental history. I used to work in apartment management, and having negative rental history was the kiss of death. Dishcarging the debt (you'll no longer owe it) in ch. 7 won't wipe your rental history slate clean. The fact that you defaulted on your contract is still going to be there.

    More than likely, you won't be able to rent from an apartment complex again until you can show some positive rental history. Meaning you need to rent somewhere, pay on time, and when it comes time to move - give notice and fulfill your lease requirements.

    To do that, you'll probably have to rent from an individual. Someone who does not have a corporate policy, and someone who can look at your situation and allow you to pay a higher security deposit to offset the risk.
    ~Staci
    Not an attorney, and never played one on tv. My responses are based on my own experiences & personal opinions.)

    Comment


      #3
      You're going to need to get away from the "big boys" and find a small landlord. It is very possible that you have been blacklisted, for many of the landlords to talk with the other ones.

      Find you a mom/pop outfit, be truthful, and be a good tenant.

      As to discrimination by bk being on your credit report, it happens every day in ways that you know and ways that you don't.
      All information contained in this post is for informational and amusement purposes only.
      Bankruptcy is a process, not an event.......

      Comment


        #4
        Originally posted by frogger View Post
        You're going to need to get away from the "big boys" and find a small landlord. It is very possible that you have been blacklisted, for many of the landlords to talk with the other ones.

        Find you a mom/pop outfit, be truthful, and be a good tenant.

        As to discrimination by bk being on your credit report, it happens every day in ways that you know and ways that you don't.
        I did get rejected by a propoerty management group, and just found out today that I received another rejection from a small mom 'n pop rental outfit.

        Is there a 'rental history' system similar to a credit file that management companies check (e.g., SafeRent, Credit Retriever, etc.)? If I can find out what they use, can I work to get my history 'cleared' similar to the dispute system that is in place for credit (i.e., Experian, Equifax, etc.)?

        Should I work with a apartment locator service or a realtor?
        Last edited by tazunemono; 05-08-2012, 11:22 AM.

        Comment


          #5
          Originally posted by tazunemono View Post
          I did get rejected by a propoerty management group, and just found out today that I received another rejection from a small mom 'n pop rental outfit.
          There's more than one mom/pop in every time. Keep looking......
          All information contained in this post is for informational and amusement purposes only.
          Bankruptcy is a process, not an event.......

          Comment


            #6
            Or go for the owner rental type of property just to get a positive history going. Sometimes when you can be truthful upfront about your rental history they might give you a chance anyway. As long as you have the income to justify it many of them have been in our shoes so they may give you a pass...Good Luck!

            Comment


              #7
              My mother-in-law has two rental properties in our area and places an ad when she needs a renter. One renter filed bankruptcy in the past, explained the situation to my mother-in-law and rented to them. They have been renting from her for several years without a problem. Maybe renting from a private individual would be a good route for you to take as suggested above.

              Comment


                #8
                Or maybe get a roommate that has good credit to be on the lease.

                Comment


                  #9
                  Originally posted by tazunemono View Post
                  I am having a tough time finding a place to live right now because of a collections account opened with a local property management group. I had an apartment lease through them a year ago but I bailed (broke lease) when I lost my job and couldn't pay, rather than face eviction. I owe them $3400 (includes 3 months of rent, plus pro-rates and lawyer fees).

                  This agency is the 'big dog' in town and everyone knows their name. I feel I may have been blacklisted to a degree...case in point, I recently tried to apply for a couple new leases, with different agencies - both of which were declined due to 'information contained in my credit file'. Once my BK is final, what can I expect? The obligation for breaking the lease should be discharged, but will it stay on my report listing the property management group? This could be a disaster for me.

                  Many rental applicaitons ask if you have ever filed BK before, or if you have unexpired leases or collections...what should I disclose? As far as finding a place, I suppose it depends to a degree on how diligent the lessee is in checking...I hear everyone is desperate for renters these days, but a lot of doors are closed to me.

                  Anyone care to share their rental experiences? On a broader level, has anyone faced any kind of discrimination due to the BK lited on their credit report? How to deal with this when looking for apartments?

                  Thanks
                  Have you tried craigslist? A lot of those are private owners so maybe they'd work with you more so than an apartment complex.

                  Are the completely through the BK process? Have you tried asking your attorney for help? I had one tell me the other day that filing BK was grounds for breaking a lease. In other words, I could break the lease to take up a lease somewhere else if I wanted. Assuming I could find something that costs less. I didn't quite understand it all, but maybe your attorney would.

                  Comment


                    #10
                    Your problem is a negative rental history. I had no problem getting a rental after my BK, but I didn't have a negative rental history. However; that may have been a different story if I had gong with an apartment complex.

                    You are better off trying to rent from an individual. Whether or not you have to pay a higher security deposit is going to depend on your state's tenant laws. In NJ, they can only charge 1 1/2 months rent for a security deposit. They cannot ask for more than that legally.

                    Comment


                      #11
                      Originally posted by Mayo View Post
                      Or maybe get a roommate that has good credit to be on the lease.
                      I have 2 young kids so I can't really have a roommate (single dad).

                      Comment


                        #12
                        [QUOTE=helpmeout;570326]Your problem is a negative rental history. QUOTE]

                        Correct I was a homeowner for 10 years prior to my divorce, and now I'm living back with my folks until my BK is finalized. I have two young kids so I have to find a decent place. I have a good income, and my budget is $900/mo. but no one wants to rent to me. I'll just have to try the non-managed apartment route.

                        Comment


                          #13
                          [QUOTE=tazunemono;570347]
                          Originally posted by helpmeout View Post
                          Your problem is a negative rental history. QUOTE]

                          Correct I was a homeowner for 10 years prior to my divorce, and now I'm living back with my folks until my BK is finalized. I have two young kids so I have to find a decent place. I have a good income, and my budget is $900/mo. but no one wants to rent to me. I'll just have to try the non-managed apartment route.
                          I hate to suggest it, but would your parents consider co-signing on the lease for you? Or maybe another family member. I'm sure you'll find something.

                          Comment


                            #14
                            Evictions and other negative rental situations are indeed the kiss of death. I would never rent to anyone with an eviction or that broke a lease without paying. I have personally used Tenant Verification Services (TVS) for my rental decisions.

                            All of the suggestions above are good. You may need a co-signor or "guarantor" for your rental. I would accept a guarantor where the person did not otherwise qualify. Otherwise, you will probably need to rent from a "private" individual for the time being. Make sure you understand the rental laws in your State and City/County. Some landlords prey on the unfortunate who have bad rental history by charging more than the State/City/County maximums for "deposits" and the like!
                            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                            Status: (Auto) Discharged and Closed! 5/10
                            Visit My BKForum Blog: justbroke's Blog

                            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                            Comment


                              #15
                              Originally posted by justbroke View Post
                              Evictions and other negative rental situations are indeed the kiss of death. I would never rent to anyone with an eviction or that broke a lease without paying.
                              Yes, but I HAD to break the lease otherwise I would have been evicted - I used a BK 7 to get a "fresh start" but now my "fresh start" is tainted.

                              Look, I lost my job and was forced into bankruptcy because of my divorce. You're saying you would NEVER rent to someone who has been though this BK process and had their debts (broken lease included) lawfully discharged? Seriously? What am I supposed to do, go back and cough up the $3,000+ I "owe" them now? lol

                              Here's a new question - is it worth trying to get these entries removed via a DV process with the credit brueaus and/or the management company? If they fail to respond, I could ask the bureaus to remove the entries...it works with credit cards, why not other unsecured "negatives"?

                              Comment

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