Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
So I'm currently renting out an apartment that I cannot stand. We are living in Arizona, and the lease requires 60 day notice to break a lease. We found a really good deal through friends for a new rental but we can't make them wait 60 days. I'm also planning on filing a bankruptcy, so I'm not really worried about paying them their 2 and a half months rent to break my lease early, as I'm just going to roll that in with my debt. My boyfriend is going to get out of the lease so he remains unaffected, but if I give them a 30 day written notice, can they evict me? I'm 10 weeks pregnant and this rental we want will be our last one before we buy a home in 2 years. This place is infested with Scorpions and the management/apartment is TERRIBLE... I need to go!!!
How are you going to buy a home in 2 years with a broken lease/eviction and bankruptcy?
Anyways, no, they can't evict you. However, they can withhold your entire security deposit and use you for the extra month of rent. If you're filing chapter 11 bankruptcy you may still owe money.
If you don't, then they can get a judgment against you for the balance due, and that doesn't just hurt for renting a home, it can also affect your ability to purchase a home, because lenders also want to see that you put housing costs first. I get verification requests often from prior tenants' lenders, asking whether they have a balance due, and whether they paid on time, etc.
If you aren't living there anymore, they can't evict you, but they can definitely get the judgment put on your credit report. If that happens, better hope you don't have any plans change, because almost all landlords will deny you if you have a landlord judgment on your credit report.
The way a responsible adult handles this situation is to talk to the landlord and try to negotiate a lesser break penalty. Our lease also says 2 months, but I tell all my tenants right up front that if they behave like normal adults and come in or call us and talk to us about the situation, and then make the house available for showings so we can find a tenant, and then leave the place clean and on time as agreed, we waive half of that, and charge 1 month penalty. If they try to skip out without following the proper procedures, or try to make the process more difficult than it needs to be, we stick with the full penalty.
And if you can't negotiate a lesser amount, then a responsible adult pays the overlap. If there was one category of people you don't want to irritate, it is your landlords. That's called burning your bridges behind you. I can't tell you how many applications I've declined based on bad landlord references. I also give honest referrals to other landlords who ask, including the bad ones when it applies.
I don't have a choice and I have to follow bankruptcy. My boyfriend and I plan on getting married after he buys a home and my bankruptcy has gone through. A lot of people are able to buy homes by the way after 2 years of bankruptcy, just so you know. I can try to reason with The apartment management and see if they will accept 30 days... what I'm trying to say is if I'm getting a bankruptcy anyways Then do I really need to worry about the penalties? Yes the judgment will show on my record But if we are going to be owning a home next then I don't really need to worry about that… I don't know what other options I have.
You can't be evicted if you end up leaving (or skipping out like you are planning on doing). However, anything you do against the terms of your lease can result in a judgement against you for all monies owed which goes on your record. So if you skip out without abiding by the terms of your lease by not giving proper notice and you owe any rent for doing so, or if there is any damage caused by you that the sec dep will not cover then the LL can get a judgement against you for any money you owe.
So, worrying about an eviction, which doesn't even apply in your case, should be the least of your worries. It's the breaching of your lease and not paying up and having a judgement on your record, filing for BK and thinking you are going to be able to purchase a home (and afford it) and then also having a child on top of it all, should be what you should be focusing on more than anything.
You can't be evicted if you end up leaving (or skipping out like you are planning on doing). However, anything you do against the terms of your lease can result in a judgement against you for all monies owed which goes on your record. So if you skip out without abiding by the terms of your lease by not giving proper notice and you owe any rent for doing so, or if there is any damage caused by you that the sec dep will not cover then the LL can get a judgement against you for any money you owe.
So, worrying about an eviction, which doesn't even apply in your case, should be the least of your worries. It's the breaching of your lease and not paying up and having a judgement on your record, filing for BK and thinking you are going to be able to purchase a home (and afford it) and then also having a child on top of it all, should be what you should be focusing on more than anything.
Thank you! I am only 24 so Im trying to figure all this stuff out. Your post is very informative I really appreciate it! We have never purchased a home before so we will be 1st time buyers, we both make pretty good money so I'm not worried about us being able to afford buying a home in the next 2 or 3 years. Filing a bankruptcy seems like the best option for us common especially with a new baby and we already have a six-year-old. Once I file a chapter 13, the judgment remains on my record correct? Which is irrelevant if the next home we move into after this rental obviously, is a home that we are buying. I would not need to worry about the monies owed because of my bankrupcy clearing my debt... but would my boyfriend have a judgment as well even if we remove him from the leave before we move forward with this? The plan is to get married after all of this, so the bankruptcy and judgment does not affect him even if it does me.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
