Legal Question in Real Estate Law in California

My wife and I filed bunkryptcy in July 2009. Our home went foreclosure in November 2010. We are now facing eviction and we already went to court and was given 30 days to move.

Now that we have the bankruptcy in our records we are having difficulties in renting a house. We can pay the rent without a problem. We also got 12 months mortgage payment saved.

What would you recommend we approach a rental owner or property management company to rent a property?

Now that we were given a date to move by the court, is it possible to request an extension of the 30 days since 2 weeks already passed?

Tank you for your answer,

Wesler Meneses


Asked on 2/17/11, 8:29 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

I am sorry to hear of the troubles you have encountered. You should be able to rent a home or apartment if your bankruptcy has been discharged. Some property management companies, and large apartment complex operators have strict rules against renting to people with recent bankruptcies, but many have property owners willing to accept credit such as yours. Have you done anything to begin rehabilitating your credit? That is a big part of it as well.

There is little chance of getting a further extension of time. If this has gone to a judgment, then the only way you will get more time is if the buyer at the foreclosure sale (the bank or whomever is evicting you) is voluntarily willing. If they don't agree, I doubt the Court will give you any more time. Your best bet is to check with smaller management companies, or search for private listings for rentals. Be cautious, as some private listings for rentals are homes that are already in foreclosure. You can offer a larger security deposit - by law it cannot be more than two month's rent - or you can offer to pay slightly higher rent to accomodate the risk. Remind them that having gone through bankruptcy, you cannot file again for 8 years from 2009. Good luck.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

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Answered on 2/17/11, 4:04 pm


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