Can I be evicted from apartment after I file bankruptcy?

Unfortunately, the answer is likely to be yes, but does depend on the specific type of bankruptcy that you file and other specifics of your circumstances.

Here is how it works:

If your landlord filed for eviction before you filed for bankruptcy, the bankruptcy does not stop the eviction.

The Automatic Stay

You may have heard that when you file bankruptcy, the court places an automatic stay which protects you from your creditors. This is true only to a certain extent when it comes to being evicted from your apartment. Assuming your landlord wants to file for eviction after you file for bankruptcy, an automatic stay can keep the eviction from happening.  However, the stay can be lifted.

• Your landlord can file a certification saying you have damaged the apartment or are conducting illegal activities. Then they will be able to proceed with the eviction, regardless of the status of the bankruptcy.
• The Chapter 7 bankruptcy trustee will review your lease terms and can decide that you can't afford the apartment, even if you are not behind on your rent. Which means the trustee has the power to terminate your lease, which will ultimately result in your eviction.
• In Chapter 7 cases where you are allowed to keep your lease, and even if you are not behind on your rent your landlord has the right to ask you to provide proof that you will be able to continue to make future payments on time.

In Chapter 13 bankruptcies, if you owe back rent your landlord can ask to be treated as a priority unsecured creditor and can become part of your repayment plan. If you fail to make those payments you could be evicted.

Talk to Your Attorney

Discuss your rental history with your bankruptcy attorney so that you can understand what potential ramifications filing bankruptcy may have on your ability to stay in your current apartment, if that is what you want to do. Your bankruptcy attorney will be able to provide you with answers to questions you may not even know to ask, and will help you make the best decision for your situation. Also note that local laws may vary, which can affect how eviction is handled or delayed.