Why Filing For Bankruptcy May Not Prevent Your Eviction
In many cases, filing for bankruptcy will stop your landlord from evicting you, but it is not guaranteed. There are situations where you can still get evicted despite your ongoing bankruptcy process. Here are three examples of such situations:
If You are Illegal Use of Controlled Substances
A controlled substance is one whose use has been regulated by the government because of the detrimental effects it can have on a person's welfare or health. If you are illegally using controlled substances in your rented house, the landlord can have the automatic stay lifted and evict you. Heroin is a good example of a controlled substance. Therefore, if you have been charged with heroin abuse, and the landlord can prove that you had the drug in their house, they can get you evicted.
If You are Endangering the Landlord's Property
Any action that endangers the landlord's property can also get you evicted even if you have filed for bankruptcy. There are several ways in which you can endanger property, such as:
- Tampering with smoke detectors
- Driving over the septic field (this compacts the soil around the septic tank and reduces the efficiency of the septic system)
- Punching holes in walls during careless hanging of artwork
In both of these cases, the landlord can evict you whether you caused the damage or used the controlled substances yourself, or allowed others to perform the acts on the landlord's property. Therefore, be careful with what your friends do if you want to maintain your automatic stay during bankruptcy.
If You Fail To Pay Post-Bankruptcy Rent
The automatic stay that comes into effect when you file for bankruptcy only applies to pre-bankruptcy rent arrears. This means the landlord will not be able to evict you for failing to pay the rent areas you incurred before filing for bankruptcy. However, if you incur further areas after filing for bankruptcy, you won't be protected by the automatic stay. In such a case, the landlord can file a motion in court and have the automatic stay lifted so they can evict you. Therefore, if you want to use your bankruptcy to prevent an eviction, make sure you pay all your rent in time after the filing.
As you can see, you shouldn't just file for bankruptcy and hope that the automatic stay will prevent your landlord from evicting you. Rather, you should talk to a bankruptcy attorney, like one from Fessenden Laumer & DeAngelo, PLLC, for advice on what to do to ensure the automatic stay isn't lifted.
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