December 17, 2015
If you are behind on your rent, and are facing potential eviction, you may have options that will keep you in your home. The most obvious is to catch up the past-due rent before the landlord secures a judgment to evict. If this is not feasible in your circumstance, it may be possible to prevent the eviction by filing for protection under the Bankruptcy Code.
If the landlord has not yet gotten a judgment to evict from the court, filing a bankruptcy imposes a stay against collection activity, and this stay applies to the attempt to evict you as well. Any action to collect the debt or remove you and your family from the property is stopped while the bankruptcy case is pending. This may allow you time to catch up on the past due rent, and prevent the eviction.
Timing is obviously critical in these situations. Even if the landlord has served you with a Notice to Quit, it may not be too late to prevent the eviction, but you will need to act quickly to stay in your home. If you are behind in your rent, and fear you will be evicted, contact one of our experienced attorneys to see what can be done to keep you in your home.Michael A. Spencer, Esq.Associate Attorney