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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 7 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption