Can I be evicted if I file Chapter 7 bankruptcy?

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Can I be evicted if I file Chapter 7 bankruptcy?

Asked on March 31, 2012 under Bankruptcy Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Bankruptcy will stay, or temporarily halt, eviction proceedings (as well as law suits or collection actions) based on previously unpaid rent. However, if you continue to not pay rent after filing bankruptcy, the landlord will be able to evict you; the bankruptcy does not give you the right to live rent free in someone else's property. How long the stay, or halt, on eviction will last depends on many factors, including how crowded your local courts' dockets are and how aggressively the landlord applies to the court from relief from the stay.

(As a general matter, bankruptcies affect debts up to when they are filed--they do not necessarily affect continuing or later-incurred debts or monetary obligations.)

A bankruptcy should not effect eviction based on non-financial grounds, such as the expiration and nonrenewal of a lease or violation of nonpayment lease terms. It may very briefly stop the eviction, as the court may not let it go forward until the court is satisfied that the eviction is not based on a debt (unpaid rent), but that may only be a very brief stay, until the landlord can move for relief and provide evidence that the eviction is not predicated on a debt.


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