How can I make sure that my landlord does not know about my bankruptcy?

I've had a relative help me pay for my rent while I am trying to file for bankruptcy. I just want to make sure that my landlord does not find out about it, because I am afraid of eviction. What can I do?
Share |
Answered By: Mercado & Hartung, PLLC
Your Landlord won't find out unless he pulls a credit report on you, or actively searches for the filing through public records.

Answer Applies to: Washington
Replied: 1/17/2012

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Heupel Law
You can't avoid not telling him. However, the landlord cannot evict you if you're paying your rent.

Answer Applies to: Colorado
Replied: 1/16/2012

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Ashman Law Office
Depending on the facts of the case you may or may not have to tell your landlord.

Answer Applies to: Georgia
Replied: 12/30/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Mazyar Hedayat and Associates
Bankruptcy is a public proceeding. All parties to whom you owe money must be notified of the case. There is no way to keep your case a secret from your landlord without excluding him or her from your Petition - a move that would risk your case and make you guilty of bankruptcy fraud and perjury. Note however, that upon filing bankruptcy an Automatic Stay descends and creditors may not take action to secure payment or enforce contracts such as a lease.

Answer Applies to: Illinois
Replied: 12/30/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Bankruptcy Law office of Bill Rubendall
All creditors are listed in your bankruptcy. If your landlord is not a creditor he or she will not receive a notice. Bankruptcy is a matter of public record, but it would be unusual for a non-creditor to search the public record for your bankruptcy. Generally, a non-creditor will find out about your bankruptcy if you tell them about it. Otherwise, they won't know.

Answer Applies to: California
Replied: 12/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Weber Law Firm, P.C.
Nothing. If you have a contract with your landlord, he needs to be listed on Schedule G (Executory Contracts) and will receive notice of the case. He will not care about the filing if you are current on your rent.

Answer Applies to: Texas
Replied: 12/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Offices of Kristy Qiu
Exclude your landlord in the mailing matrix and creditor list on schedule F.

Answer Applies to: Florida
Replied: 12/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Janet A. Lawson Bankruptcy Attorney
If you are current on your rent the landlord does not need to be listed in the bankruptcy. It is therefore highly unlikely he will find out about it.

Answer Applies to: California
Replied: 12/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Benson Law Firm
Your landlord, as a lessor, is entitled to notice of the bankruptcy and your decision whether to affirm or reject the lease. However, most landlords will not care about a bankruptcy if the rent is kept current and you are planning to remain in the premises.

Answer Applies to: Ohio
Replied: 12/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Diana K. Zilko, Attorney at Law
Unless you either tell your landlord, or they do a public record search or additional credit check, they should not find out about your filing.

Answer Applies to: California
Replied: 12/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Dan Wilson Bankruptcy
First, your landlord cannot evict you solely because you file a bankruptcy. Second, while BK is a public filing there is no particular reason your landlord will know you filed unless he is in the habit of checking court filings.

Answer Applies to: Colorado
Replied: 12/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Diefer Law Group, P.C.
Your landlord should not evict you because you filed the bankruptcy. Having said that, you are not required to give notice to your landlord if you are paying the rent.

Answer Applies to: California
Replied: 12/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: AyerHoffman, LLP
As a general rule, you can only be evicted for a material breach of your lease contract. That means a failure to comply with a major term. Most leases do not address bankruptcy, but some do. You should read your lease carefully to see if it lists bankruptcy as a material term. Whether a clause claiming bankruptcy is material can be enforced is dependent on the laws of the state where you live. As long as you are current on your rent, you reaffirm your lease in the bankruptcy filings, and are in compliance with the other terms of the lease, there should be no grounds for eviction. Consult with a bankruptcy attorney and make a point of expressing your concern about your landlord. Your attorney may be able to come up with a way to deal with your concern.

Answer Applies to: Massachusetts
Replied: 12/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Ryan Legal Services, Inc.
A landlord will have no legal ground to evict you, even with a bankruptcy filing, so long as you abide by the terms of your lease agreement.

Answer Applies to: Ohio
Replied: 12/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Michael Johnson
If you continue to pay rent the landlord cannot evict you if you file a bankruptcy.

Answer Applies to: Florida
Replied: 12/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Lakelaw - Loop Bankruptcy
Your lawyer should list your lease on Schedule G - it is what's called an "executory contract" - one where you owe rent and they owe you the leased premises - both parties still have duties to perform. Having said that, your bankruptcy has no impact on your lease as long as you are paying your rent normally.

Answer Applies to: Illinois
Replied: 12/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Judith A. Runyon, Esq. Attorney at Law
You will not be evicted as long as you are current with your rent.

Answer Applies to: California
Replied: 12/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Carballo Law Offices
If you do not owe the landlord money then you do not have to list him/her in the petition. He or she will not receive notice of the case. He or she can find out that you filed for bankruptcy but it will not be easy and there would be no reason for the landlord to try to find out if he or she has no idea you filed for bankruptcy.

Answer Applies to: California
Replied: 12/28/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: J.M. Cook, P.A.
If you are leasing property, the lease is an asset and must be disclosed on your petition and schedules.

Answer Applies to: North Carolina
Replied: 12/28/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Bird & VanDyke, Inc.
Don't tell him. If your are current on your rent then you do not need to list him as a creditor.

Answer Applies to: California
Replied: 12/28/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Schreiber Law Firm
As long as you are current on your rent, the landlord cannot evict you, and there is no reason, other than you telling them, that the landlord would know about the bankruptcy as they do not need to be notified unless you owe them money for past due rent.

Answer Applies to: California
Replied: 12/28/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Stockman Law Office
1) you cannot be evicted due to a bankruptcy filing, and any attorney should prevent such an illegal action, 2) bankruptcy is public record but you do not need to notice your landlord if you do not wish to cause problems.

Answer Applies to: Florida
Replied: 12/28/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Offices of Deborah Ann Stencel
As long as your rent is paid on time, you should not have to worry about eviction. The only way your landlord would get direct notice of the bankruptcy would be if you list him as a creditor. As long as you are current on the rent, you do not have to list the landlord in your list of creditors. Bankruptcy filings are public records, however. Anyone checking your credit report after the filing will be able to see that you filed. Similarly, if someone did a search for your name on the court's electronic database, they could find your name there as well (although you need an account to search this database and it costs to do perform searches, so people do not do this for idle curiosity as a rule).

Answer Applies to: Wisconsin
Replied: 12/28/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

More Questions on Bankruptcy


Talk to an Attorney

Input your zip code in the box below to find an attorney in your area today for a case review.

Ask Questions

Ask a local attorney a question for FREE.

Free Answers

FREE answer from a local attorney.

100% Anonymous

Your email is only used to send answers to you.

Ask a Local Attorney

Free Legal Questions & Answers