Legal Question in Real Estate Law in Illinois
In Chapter 13, Need help renting
Hello,
I am filing for Chapter 13 bankruptcy, and am currently renting an apartment. However, I was informed the other day that the apartment building I rent in is being converted to condos! So I may have to move when my lease is up.
My questions are: am I gonna have trouble finding a new apartment (with my Chapter 13 being in effect), and what can I do to help get another apartment? Also, is there anything I can do to keep the apartment I have now, until the Chapter 13 is discharged (in 36 months)? Please help me, I don't want to be homeless. Thank you.
2 Answers from Attorneys
Re: In Chapter 13, Need help renting
Since a Ch. 13 is a Wage Earner's Plan, I suggest that you relate to a potential landlord that you have tried to pay back all of your debt as well as you could, and that you were always current and up to date with your past rental payments. A note or letter from your present landlord would help. Unfortunately, a Ch. 13 doesn't give you any rights to stay at your current residence. Sorry. But, be aware, that when you are ready to sign a new lease, you will have to file a motion with the bankruptcy court asking leave to incur additional debt.
Re: In Chapter 13, Need help renting
I would suggest you get a reference letter from your current landlord reflecting your ability to pay to date - this will bolster your credibility with a future landlord. Unfortunately for you, most landlords do conduct credit checks and your Chapter 13 will have a negative affect on that. However, it may not be on your credit report immediately, so you may have some time on your side. You have no right to stay in the apartment for 36 months. Once your lease is up, the landlord has the right to deny renewal if he wishes to improve his property.
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