It depends on the landlord and what they need to get that "warm and fuzzy" feeling of confidence that you will be a good renter this time. An old bankruptcy may very well scare off a landlord but if you explain it and your credit score is recovering, if you have a good history for the last year or two, that should be enough. I have worked for a landlord that generally just charged a little more of a security deposit for their own protection. Some landlords say they do a credit check and they really don't just to charge you for nothing and charge you more. They are sneaky too!
Bankruptcies don't cover issues regarding rent. The renting of property, especially residential, is not an extension of credit-- it's the right to live on the property. A tenant filing bankruptcy still has to pay rent.
Not if you listed your landlord as a creditor on your bankruptcy petition and that there is excess property to pay your landlord after secured creditors and your exemptions. Unpaid rent is an unsecured debt. If a judgment lien is filed, you can avoid it if filed shortly before bankruptcy filing.
As long as the landlord still has control over the property he has the right to collect rent on it and evict non-paying tenants.
Yes you can file bankruptcy. However the "rent to own home" is not owed by you and is still owned by the "landlord". You can continue with the "rent to own" or walk away. Bankruptcy is an entitlement to citizens for debt relief
HIS portion of ownership may well need to be transferred (bought out), during the BK to pay his creditors. That can normally happen by the other TC owners doing so (sometimes favorably), or to another party.
Yes, I have a relative that has.
Not paying rent is grounds for eviction. Most courts won't care about the bankruptcy, and most bankruptcy judges will not stop an eviction.
Unless the tenant has some kind of evidence that a foreclosure sale has taken place, they should pay the rent to the landlord. Unfortunately, this can be difficult for a tenant to figure out; at what point the bank actually 'owns' the property is a difficult legal question, differing by state. In most states, a tenant can ask the Registry of Deeds who owns the property.General most lenders when they realize the property is being purchased to be used as a rental property will include a clause in the mortgage agreement that will allow the lender to collect the rent when the owner/landlord defaults on the mortgage. If the landlord files for bankruptcy, the property will generally be taken over by the bankruptcy trustee. You will have to pay the rent to the bankruptcy trustee. If the landlord has filed a Chapter 13 bankruptcy, you may have to pay the rent directly to the lender or the landlord depending on the terms of the court approved payment plan. If the house is sold in foreclosure, the new owner cannot evict you. You must first be served a three day notice and the new owner must file a lawsuit to evict you after the three days have expired. For an official opinion, it is advised you seek legal counsel.
The landlord's bankruptcy has nothing to do with the tenant. The tenant still owes the rent.
The basic rule is as follows: if your landlord files bankruptcy that is a matter between your landlord and his creditors, not you, the tenant. You are still required to pay rent or be evicted, as long as your landlord has control over the property. This applies to whether the landlord has filed for bankruptcy or if the property is under foreclosure. In either case, if you end up staying on the property, the new landlord will provide further instructions on whether to stay or to move.
That would be a matter that's between the landlord and the lender or bankruptcy trustee, not the tenant. As long as the landlord has control of the property he still has the right to collect rent and evict you if the rent isn't paid. If the property is taken over by a new entity, that entity becomes your landlord and they will give you further instructions.
When you are declared as bankrupt you still have to live somewhere so yes you may still rent a property for yourself to live in but you are not permitted to own one .Actually you can rent and you can also own a home when you declare bankruptcy. Bankruptcy allows an individual or family a car, a place to live, utilities. You can even have TV and internet while in bankruptcy. Everything that one needs to live a normal life. You just can't have excess. Like money or vacations, recreational boats and stuff of that nature. You should do an internet search about bankruptcy and you will find out that it can help those who are really down and out.