Legal Question in Bankruptcy in California

Does Bankruptcy discharge remove evictions?

I had a bankruptcy in 1999. Among the bankruptcy dischages was money owed to a management company for an eviction. I am now being told that that eviction is being held against me in renting even though it was discharged. Is that legal for the landlord to do that? I have been living here for 6 months with my boyfriend, and now they want to evict me from the apartment because of my eviction. The irony is, I have rented other places since the bankruptcy and they never told me that there was an eviction still on my record.


Asked on 9/27/04, 9:10 pm

1 Answer from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: Does Bankruptcy discharge remove evictions?

What your saying doesn't completely make sense, and it doesn't sound like it is a bankruptcy issue in any event. If you received a discharge, the debt to your former landlord was likely also discharged. If you lied on your application with your current landlord, they can possibly evict you for that, but otherwise, they can't evict you unless you violate the terms of your lease. You should consult with a landlord/tenant attorney.

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Answered on 9/27/04, 9:22 pm


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