If I file for bankruptcy, can my landlord still evict me from my apartment?
Frequently Asked Questions - www.bkhelper.orgPeople who file for bankruptcy are entitled to certain immediate protections from certain legal actions -- part of what is called the "automatic stay" effect of a bankruptcy filing, because many potential legal actions against the filer are stopped (known as "stayed" in legal terms). But as of October 17, 2005, when the new bankruptcy laws took effect, some of these protections have been eliminated. One key change is that filing for bankruptcy no longer delays or stops eviction actions.
Related Questionsa landlord, if I find out that a sex offender is renting property from me, can I evict him/her?
The Department of Public Safety - The University of IowaThe landlord rents month-to-month, and gives the tenant notice to vacate at least 30 days before the next month's rent is due. If the tenant poses a clear and present danger. This would have to include the tenant committing an act, or threatening to commit an act, that would cause harm to a tenant or the landlord; or committing an act, or threatening to commit an act that would cause harm to someone either on or within 1,000 feet of the rental property.
Related QuestionsWill you or the Landlord evict me for calling the Housing Inspector?
City of Rock Island, Illinois - Frequently Asked QuestionsNon-payment of rent or other lease violations are grounds for eviction; the Illinois Retaliatory Act prohibits the landlord from evicting for complaints to any governmental authority. How do I get a marriage license, a birth certificate, a death certificate, information about my property taxes, information about my court date, my probation officer, my child support.
Related QuestionsWhat can I do if my landlord is harassing and/or threatening to evict me?
Gas safety frequently asked questions - Guidance to tenantsShelterline is Britain's first 24 hour, free, national housing helpline. It provides advice to anyone with a housing problem. Its advisors will tell you your rights, explain your options and help you to take action. If appropriate you may also be asked to contact your local Shelter housing aid centre. Further advice is also available by logging on to www.shelternet.org.uk
Related QuestionsI can't pay all of my rent this month. Can the landlord evict me?
VDACS - Office of Consumer Affairs - Landlord-Tenant Frequen...The full rental amount is due and payable on the date stated on the lease. If you fail to pay that amount, the landlord may issue a "pay or quit" notice that requires you to pay the full amount by a given date. The landlord is not obligated to accept partial payments. The landlord cannot remove your property or take other action against you to remove you, but must rely on an eviction notice from the courts to take possession of the property.
Related QuestionsCan my landlord evict me if I have a pet?
Frequently Asked QuestionsUnder the RTA, even if you sign a lease that states no pets are allowed, you can still have a pet. Section 14 of the RTA specifically voids all "no pets" clauses in a lease. You can only be evicted for having a pet if your pet is disturbing other tenants or the landlord, or is considered a dangerous breed. Even if you are aware that an apartment is in need of repairs when you agree to rent it, your landlord is still responsible for taking care of the repairs and maintenance.
Related QuestionsWhen can a landlord legally evict a tenant?
Smith Debnam - Raleigh North Carolina Attorneys at Law - fre...a) When a tenant holds over in possession of the property, without permission from the landlord and after the landlord has made a demand for him to leave the premises; b) Some counties in North Carolina allow eviction when a tenant or cropper enters into a contract for the rental of land for the current or ensuing year and willfully neglects or refuses to perform the terms of his contract without just cause; ii.
Related QuestionsCan our landlord/agent evict us if he wants to?
ContractsAll landlords must comply with the Protection from Eviction Act . Court action must be taken to remove you from the property/room. Under no circumstances can the locks be changed, access refused or your possessions removed. This would amount to an illegal eviction and you could sue for damages. This applies to University Accommodation as well as the private sector.
Related QuestionsDoes my landlord have to have a reason to evict me?
Tenant Verification, Screening, Credit Checks, Landlord Serv...Just as tenants do not have to provide a reason for a 30-day notice to end the rental agreement, landlords in San Mateo County do not have to provide a reason for providing a reason for their 30-day or 60-day notices. Tenants who have lived in the rental for one year or more receive a 60-day advance written notice and tenants who have lived in the unit for less than one year receive a 30-day advance written notice. (The only exception is in East Palo Alto.
Related QuestionsCan My Landlord Evict Me Because of Flood or Fire Damage?
LawHelp State Frequently Asked QuestionsGenerally, you cannot be evicted if you have a written lease and your apartment was only "partially" damaged. Read your lease to see if it allows your landlord to evict for "partial" destruction. Total" destruction by flood or fire generally ends the lease and allows your landlord to evict. If you have an oral month-to-month lease, your landlord may cancel your lease by giving you 10 days notice before the end of the rental month.
Related QuestionsWhat must a landlord do to evict a tenant?
The Law Offices of Trey Phillips, LLC- Copyright & Disclaime...Before contacting the court to initiate eviction proceedings, the landlord should read the lease and be familiar with its provisions and comply with its terms regarding notice and termination. Once the terms of the lease have been followed, Georgia law requires a landlord to go through court to remove a tenant. First, before going to court, the landlord must demand that the tenant immediately give up possession and vacate. This demand is best made in writing.
Related QuestionsCan my landlord evict me when there are so many repairs that need to be made?
County Civil FAQThe landlord and tenant have obligations set out in F.S. 83.51 and 83.52. If the rental agreement is to be terminated, the statutes also outline the procedures for terminating a rental agreement in F.S. 83.56.
Related QuestionsWhat do I do to evict someone from a house/apartment?
Frequently Asked QuestionsTo be evicted, a tenant must clearly violate the lease agreement. A landlord can legally evict a tenant through formal legal eviction proceedings called forcible entry and detainer. There are generally three types of eviction proceedings: 1) at the end of the rental period; 2) eviction for non-payment of rent; or 3) eviction for violating terms of a lease. For each type of eviction, the landlord must serve the tenant with a written signed Notice/Demand.
Related QuestionsMy lease is about to end and I don't have another place to live. Can the landlord evict me?
VDACS - Office of Consumer Affairs - Landlord-Tenant Frequen...Yes. Your landlord is not required to extend the term of the lease. Although some leases provide for month-to-month rental agreements following the expiration of the original lease, landlords are not required by law to offer such provisions or to extend the term of the lease. The landlord may take legal action to evict the tenant. Section 55-248.20 of the VRLTA addresses this issue.
Related QuestionsCan my landlord enter my apartment when I am not at home?
Frequently Asked Questions of the Housing Court DepartmentUnless it is an emergency, no landlord can enter an apartment, absent a lease provision or a court order. Pursuant to G.L. c. 186, ?15B, a lease for residential property can provide that the landlord may enter to inspect the premises, to make repairs or to show the same to a prospective tenant, purchaser, mortgagee or its agents before the termination date of the lease.
Related QuestionsWill I be able to rent an apartment or house after I file for bankruptcy?
James Patrick Brady: Houston Bankruptcy Attorney, Bill Colle...A landlord can legally refuse to rent you an apartment because of a prior bankruptcy in your credit report. However, if you are presently renting a home or an apartment, your present landlord will typically renew your lease without running an updated credit report, and will probably not know that you filed for bankruptcy.
Related QuestionsVanden Bos & Chapman: Portland Bankruptcy Attorney, Foreclos...Yes. Most people have little trouble. A landlord can legally refuse to rent you an apartment because of a prior bankruptcy in your credit report. However, if you are presently renting a home or an apartment, your present landlord will typically renew your lease without running an updated credit report, and will probably not know that you filed a bankruptcy. If you are applying for a new lease, you may encounter some difficulties that can be overcome.Related Questions
Dorothy Bunce: Las Vegas Bankruptcy Attorney, Bankruptcy Law...A landlord can legally refuse to rent you an apartment because of a prior bankruptcy in your credit report. However, if you are presently renting a home or an apartment, your present landlord will typically renew your lease without running an updated credit report, and will probably not know that you filed for bankruptcy. If you are applying for a new lease, you may encounter some difficulties that can be decreased.Related Questions
How do I file for bankruptcy? Is there a charge?
Federal Judiciary Frequently Asked QuestionsA bankruptcy case is commenced by the filing of a petition. You must also file a statement of your assets and liabilities, and schedules listing your creditors. If you choose to file a bankruptcy petition without the assistance of an attorney, you can obtain the required forms at most stationery stores or at www.uscourts.gov/bkforms/index.html. There is a range of filing fees for bankruptcy cases, depending on the chapter of the bankruptcy code under which you file.
Related QuestionsReturn to top 4. Who can file bankruptcy?
U.S. Bankruptcy Court - District of Colorado - FAQsA person, partnership, corporation, or business trust may file a bankruptcy case. Corporations, partnerships and business trusts cannot proceed if they are not represented by an attorney. Only an individual can proceed without an attorney. However, the bankruptcy process is extremely complex, and individuals are strongly encouraged to seek competent bankruptcy counsel. If a person or the entity who owes the money, called the debtor, starts the bankruptcy, it is called a voluntary bankruptcy.
Related QuestionsHow can I evict a tenant?
San Diego Sheriff - Court Services Bureau - FAQ - Frequently...Evictions can only occur after a landlord has received a judgment from the court and a writ of possession has been served or posted on the property. The purpose of a writ of possessions is to place with the rightful party possession of real property. Writs of possession usually arise as a result of a tenant's non-payment of rent or a breach of the rental or lease agreement.
Related QuestionsWhat should I have ready for the landlord when I view an apartment?
Allspaces.com: Search Free thousands of Apartments and Homes...The required security deposit in the landlords preferred method of payment example(cash, check, money order)
Related QuestionsCan a landlord enter my apartment when I am not there?
Off Campus HousingThe tenant has been given 24-hours written notice of the entry which will be made during daylight hours; A notice to quit has been given and the landlord will enter to show the premises to prospective tenants or purchasers; or If you have any other questions contact the Public Enquires Office website, or the NS Tenancy Board's Frequently Asked Questions.
Related QuestionsMy landlord will not repair my home or apartment. What can I do?
Code Compliance FAQYour area inspector handles single-family housing violations. The Code Compliance Department's Multifamily Inspection group handles apartment complexes and other multifamily dwellings. To report violations, call 3-1-1.
Related QuestionsWill my employer and landlord find out about my bankruptcy?
Bankruptcy PreparationThough bankruptcy is public record, the court does not notify your employer or landlord unless you listed them as creditors on the bankruptcy documents. By law, you cannot be fired or discriminated against because you filed bankruptcy.
Related QuestionsBankruptcy petitions are public records. However, under normal circumstances, unless your employer or landlord is a creditor, it will not know you filed a bankruptcy petition. If your employer or landlord is a creditor it must be listed as a creditor on the schedules and receive notice of the bankruptcy proceeding.Related Questions
If I stand up for my rights or start a Tenants' Association, can my landlord evict me?
Frequently Asked QuestionsThe RTA says that a landlord cannot evict or otherwise interfere with a tenant for attempting to secure their legal rights or for trying to form a Tenants' Association. Remember that there is strength in numbers and your landlord is less likely to retaliate against a group. Click here to download a copy of our Organizing Manual or contact our Outreach & Organizing Team for further help.
Related QuestionsIf my landlord sells the building I live in, can the new owner evict me?
Eviction Defense NetworkWhen a building is sold, all the individual tenancies are sold with it. If your building is sold or for sale, it is essential to find out if you are protected by rent control. If your unit is rent-controlled, your new landlord still has to have a “just-cause” to evict you. If your unit is not rent-controlled, your landlord, new or old can give you a 30- or 60-day notice (if you have lived in the unit longer than one year) to move for no reason at all.
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