If I’m on a month-to-month lease but am 1 month behind, can I stay in my apartment if I continue to pay rent since I’m filing for Chapter 13?
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If I’m on a month-to-month lease but am 1 month behind, can I stay in my apartment if I continue to pay rent since I’m filing for Chapter 13?
Asked on January 28, 2014 under Bankruptcy Law, Texas
Answers:
Brook Miscoski / Hurr Law Office PC
Answered 10 years ago | Contributor
In a normal lease situation, Chapter 13 bankruptcy could allow a tenant a temporary stay of eviction and a chance to show that the tenant can continue to make rent payments.
But you don't really have a normal lease--you've got a month to month tenancy, so if the landlord gives you notice that it isn't going to continue leasing the property to you, that's not really an eviction.
I'm assuming you have an attorney for your bankruptcy, and should address this with that attorney.
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