Legal Question in Bankruptcy in Pennsylvania

Residential Lease Termination

I am currently involved in a confirmed CH 13 bankruptcy plan. My lease is up July 31, 07. I can no longer afford to live in the home, so I opted to get a one bedroom apt. I called the landlord and asked if it would be possible to terminate the lease one month early? He ok'ed it. When I moved in he took $1275 from me, $850 was supposed to be for security. $425 was supposed to be for half of last months. I told him I would give him a check for $425 on the 1st. He yelled and carried on saying that I have to pay the full month. I did look at my lease and he put the full $1275 in the security deposit section. What are my rights here? He has threatened to evict me, so I am debating whether I should pay him anything now, and just sacrifice my security? Can he evict me and sue me for rent that I dont pay while the automatic stay is in progress? Or does the automatic stay need to be lifted for future rent? Please help?? Thank you.


Asked on 4/29/07, 12:03 am

1 Answer from Attorneys
John Gibson John W. Gibson, Esquire

Re: Residential Lease Termination

If you are not pro se in your bankruptcy case, you should be asking your attorney this question. I'm very reluctant to give second opinions without complete information. But if the lease specifies that the security deposit is $1275 and the monthly rent is $850 as I think you are saying, then I think the terms of the lease govern. If it is "post-petition" debt, I don't think the automatic stay applies.

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Answered on 4/30/07, 10:03 am


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