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Frequently Asked Questions

If I file for bankruptcy, can my landlord still evict me from my apartment?

Frequently Asked Questions - www.bkhelper.org
People 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.

Will you or the Landlord evict me for calling the Housing Inspector?

City of Rock Island, Illinois - Frequently Asked Questions
Non-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. See similar questions...

What can I do if my landlord is harassing and/or threatening to evict me?

Gas safety frequently asked questions - Guidance to tenants
Shelterline 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 See similar questions...

I 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. See similar questions...

Does 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. See similar questions...

Can My Landlord Evict Me Because of Flood or Fire Damage?

LawHelp State Frequently Asked Questions
Generally, 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. See similar questions...

What 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. See similar questions...

Can my landlord evict me when there are so many repairs that need to be made?

County Civil FAQ
The 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. See similar questions...

My 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. See similar questions...

Can my landlord enter my apartment when I am not at home?

Frequently Asked Questions of the Housing Court Department
Unless it is an emergency, no landlord can enter an apartment, absent a lease provision or a court order. Pursuant to G.L. c. 186, ยง15B, 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. See similar questions...

Will 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. See similar questions...

How do I file for bankruptcy? Is there a charge?

Federal Judiciary Frequently Asked Questions
A 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. See similar questions...

Return to top 4. Who can file bankruptcy?

U.S. Bankruptcy Court - District of Colorado - FAQs
A 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. See similar questions...

Can a landlord enter my apartment when I am not there?

Off Campus Housing
The 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. See similar questions...

Will my employer and landlord find out about my bankruptcy?

Bankruptcy Preparation
Though 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. See similar questions...

If my landlord sells the building I live in, can the new owner evict me?

Eviction Defense Network
When 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. See similar questions...

Can I file bankruptcy without an attorney?

FAQ (ASP)
Current law permits individuals to file their own cases and to represent their own interests in bankruptcy proceedings. However, it may not be wise for you to do so. Any bankruptcy case can become a complicated matter requiring both knowledge of the law and experience before the court to successfully complete. See similar questions...

What happens after I file bankruptcy?

FAQ (ASP)
Upon filing the original petition with the Clerk's Office, the "automatic stay" immediately takes effect and prohibits all creditors from taking certain collection actions against the debtor or the debtor's property. Although the stay is automatic, creditors need to be advised of the stay. See similar questions...

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