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Can I renew my lease after filing bankruptcy?

Established Member

Can I renew my lease after filing bankruptcy?

I’ve just paid off my lawyer and getting ready to file chapter 7. I live in one of those luxury buildings that is owned by a gigantic management company that has locations across the country. Recently, I just transferred to a new property of theirs and started a brand new lease at a new address of which I’m current and everything is good. However, before I transferred, at one of their older properties I owe them around $2,500 from some rent/painting that needed to be done. This is a completely separate lease from the one I have now. I was planning to file this within my bankruptcy. However - I’d like to stay in my new apartment for the next few years in my current lease. Could the rental company (which is enormous) decide that because I burned them in the BK that they won’t offer to renew my lease or am I overthinking? If that’s the case I’ll scrounge up the money. Otherwise I’d prefer to wipe it out and move on with my life. Any help would be appreciated.
Message 1 of 5
4 REPLIES
Contributor

Re: Can I renew my lease after filing bankruptcy?

This depends upon what state you live in. Would be best to consult your bankruptcy lawyer.

Message 2 of 5
Established Member

Re: Can I renew my lease after filing bankruptcy?

I live in NJ, but when I asked my lawyer he didn't have any insight on it. Is there particular laws I can look to regaurding this? Or is this a case by case basis thing?

Message 3 of 5
Regular Contributor

Re: Can I renew my lease after filing bankruptcy?

Your attorney of all people should know the answer to this question, and if he doesn't know he should find out for you.

 

I believe in PA I can't be kicked out of an existing lease but if there is language in the lease to not renew (which mine has) then the landlord can opt to not renew it. You'll just have to do some searching for NJ tenancy law with bankruptcy. 

Ch7 discharged 10/2017. Pre-file FICOs high 400s.
11/2017 EX 609; EQ 634; TU 583
Message 4 of 5
Regular Contributor

Re: Can I renew my lease after filing bankruptcy?

If your least must be renewed, then the landlord can typically choose not to renew for any reason, as long as it is not barred by law. While the fact that you filed bankruptcy may not be a valid reason, they can use the excuse of their loss you caused (at a different property they own) as a reason why they may not want to work with you in the future. I don't see this a complicated scenario -- an existing lease is a different question.


Message 5 of 5