One of the first questions I ask a potential client is whether she owns or rents her home. If she rents, I’ll ask her if she is up to date on her rent. If she’s behind on her rent, I’ll want to know if she’s been served with an eviction lawsuit.
The second your bankruptcy attorney files your bankruptcy petition, your landlord must stop any eviction lawsuit. That is required by the “automatic stay” provision of the bankruptcy laws. That doesn’t mean that you won’t be evicted, though. Most times a landlord who is due back rent will file a Motion for Relief from Stay that will allow him to move forward with his eviction lawsuit.
Courts will generally grant these motions if one of two circumstances exist. First, if your landlord has already gotten judgment for eviction, the bankruptcy court will allow him to proceed with the eviction. Second, if your landlord wants you evicted because you have endangered the property have illegally been using controlled substances, the bankruptcy court will allow him to go ahead.
If neither of these circumstances exist in your case, the landlord can still ask the bankruptcy court to let him evict you. If you owe back rent, the court will probably let him. That doesn’t mean you can’t negotiate with the landlord to see if you can make up the back rent in the future, though.
