How should I handle things with my landlord if Ifiled for Chapter 7 and the remainder of my lease was included but rent is due this week?

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How should I handle things with my landlord if Ifiled for Chapter 7 and the remainder of my lease was included but rent is due this week?

I have 7 months left on my lease.

Asked on February 3, 2013 under Bankruptcy Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Right now, you need to continue paying rent as usual.  If you had a payment due this month-- pay it in the same way and time as required by your lease.  Just because your landlord has filed Chapter 7 bankruptcy doesn't mean that you lease is automatically void or changed.  The landlord cannot accelerate rent because of the bankruptcy.    The only thing that the bankruptcy means (at this point) is that he is trying to reduce his/her debt.  If the property is liquidated and resold because of the bankruptcy, then the new owner could honor the lease-- or they could require you to renegotiate a new lease.... but this is only if the property is sold in bankruptcy. 


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