What to do if I filed a Chapter13 and my back rent was included but my landlord has since terminated my lease and given me a 60 day notice to vacate?

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What to do if I filed a Chapter13 and my back rent was included but my landlord has since terminated my lease and given me a 60 day notice to vacate?

Can she do that since I have the automatic stay?

Asked on July 1, 2013 under Bankruptcy Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

1) A bankruptcy filing does not automatically act as protection against new defaults or debts incurred post-filing, so if you have continued to not pay rent (i.e. failed to pay current rent) after the filing, the landlord may take action, and the stay will not necessarily protect you.

2) A landlord can--and commonly does--ask for and receive from the court an exemption from the automatic stay in order to retain possession of an apartment, etc. when a tenant files bankruptcy; the bankruptcy law is meant to help you get a fresh start from debt, not to let you keep living in someone else's property without paying.


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