Will My Landlord Know I Filed Bankruptcy?

Lerner & Rowe Law Group
Will My Landlord Know I Filed Bankruptcy?

Facing financial hardship is never easy, and filing for bankruptcy can be a difficult but necessary path toward financial recovery for many families. One common concern renters have is whether their landlord will find out about their bankruptcy filing. The answer, like many legal questions, is that it depends. The bankruptcy attorneys at Lerner and Rowe Law Group give you the answers you need as you navigate filing for bankruptcy as a renter.

The Lease Matters

If you have a month-to-month rental agreement, your landlord generally will not be notified of your bankruptcy filing. However, you should always stay current on your rent to avoid eviction for non-payment.

If you have a signed lease, even if you’re current on rent, your landlord will be listed as a creditor in your bankruptcy paperwork. They will receive notification of the filing from the court.

Do I Have to Tell My Landlord I Filed for Bankruptcy?

You don’t necessarily have to tell your landlord directly that you’re declaring bankruptcy, but the situation gets a bit nuanced depending on what your rental agreement is.

Lease Agreement:

While the court will send your landlord official notices about the filing, there’s no legal requirement for you to personally tell them beforehand.

Month-to-Month Agreement:

If you have a month-to-month agreement, your landlord likely won’t be notified by the court, and you aren’t obligated to tell them directly.

With that said, you should consider these important points:

  • Transparency is often best: even if not legally required, informing your landlord of your situation, especially if you’ve had past rent struggles, could build trust and facilitate open communication.
  • You should maintain timely rent payments: regardless of notification, staying current on your rent remains crucial. Bankruptcy doesn’t excuse future rent obligations, and non-payment can still lead to eviction.
  • It’s best to seek professional guidance: consulting with a bankruptcy attorney is highly recommended. They can advise you on specific legal obligations concerning your rental agreement and navigate the intricacies of the process for a smoother experience.

What Happens Next?

Even if your landlord is notified, it doesn’t automatically affect your lease agreement. Bankruptcy protection does not excuse you from future rent payments. However, depending on the type of bankruptcy you file (Chapter 7 or Chapter 13), it could impact how you handle past due rent:

  • Chapter 7: This type generally discharges (wipes out) past unsecured debts, including some back rent. However, it doesn’t prevent your landlord from evicting you for future non-payment.
  • Chapter 13: This type involves creating a repayment plan to manage your debts, including potential past rent owed to your landlord. You’ll continue to make monthly rent payments alongside your plan contributions.

Key Points to Remember:

  • Not all bankruptcy filings involve past due rent.
  • Bankruptcy doesn’t prevent future rent obligations.
  • Always inform your lawyer about your rental agreement details during your bankruptcy consultation.

You Need Expert Guidance

Navigating bankruptcy complexities and their impact on your specific situation, including your living situation, can be challenging, to say the least. Consulting with an experienced bankruptcy attorney like those here at Lerner and Rowe Law Group is crucial. We can assess your situation, explain your options, and guide you through the process while protecting your rights as a renter.

We offer free consultations, so don’t hesitate to reach out and discuss your concerns directly with our knowledgeable legal team. We’re here to help you get the clean break you deserve.

Lerner and Rowe Can Help You File for Bankruptcy

Making the decision to file for bankruptcy is incredibly stressful, and never something that someone takes lightly. This important step can be the fresh start that you and your family need, but you deserve an advocate on your side to help you through this process.

Our team of skilled, caring lawyers is available to help you file for bankruptcy in Arizona. Get in touch with us today for your free consultation by calling us at 602-667-7777, connecting through LiveChat, or filling out a FREE online form.

The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.