{"id":369209,"date":"2016-04-04T10:47:16","date_gmt":"2016-04-04T15:47:16","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/realestate\/landlord-tenant-law\/how-a-tenant-bankruptcy-affects-a-landlord-s-right-to-evict.html"},"modified":"2025-08-26T07:47:08","modified_gmt":"2025-08-26T12:47:08","slug":"how-a-tenant-bankruptcy-affects-a-landlord-s-right-to-evict","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/realestate\/landlord-tenant-law\/how-a-tenant-bankruptcy-affects-a-landlord-s-right-to-evict.html","title":{"rendered":"How a Tenant Bankruptcy Affects a Landlord’s Right to Evict"},"content":{"rendered":"\n
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How a Tenant Bankruptcy Affects a Landlord's Right to Evict<\/h1>\n\n
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\n By Melissa McCall, J.D.<\/a> | Legally reviewed by Jordan Walker, J.D.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

The timing of a bankruptcy filing and the type of bankruptcy involved determine how a tenant’s bankruptcy impacts a landlord’s right to evict. Residential tenants who apply for bankruptcy after their landlord starts an\u00a0eviction proceeding<\/a>\u00a0are unlikely to enjoy bankruptcy protections.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Whether a tenant\u00a0files for bankruptcy<\/a>\u00a0before or after an eviction judgment affects the steps a landlord must take to regain possession of the rental unit. Understanding how the process unfolds can help you to avoid losing your rented dwelling.<\/p>\n

Understanding the Bankruptcy Process<\/h2>\n

Bankruptcy is a\u00a0legal process<\/a>\u00a0through which a person or company can discharge their debt. Sometimes, individuals and companies take on more debt than they can handle. Bankruptcy helps alleviate this burden through the bankruptcy discharge, which removes their legal liability for their debts.<\/p>\n

Bankruptcy Options<\/h3>\n

There are two bankruptcy petition options for individuals and married couples\u00a0under the federal bankruptcy code. The choices are between a\u00a0Chapter 7<\/a>\u00a0bankruptcy and a\u00a0Chapter 13<\/a>\u00a0bankruptcy. Only legally married couples and individuals can file a joint bankruptcy petition under federal law. Domestic partnership status is not universally recognized for joint filings and depends on state law and local bankruptcy court practice.<\/p>\n

Chapter 7 bankruptcy is the most common type of bankruptcy filing. Under this chapter, the petitioner(s) can discharge almost all their debts and for\u00a0a fresh start. The bankruptcy trustee often sells some of the petitioner’s property to pay for their debts and the process will have negative effects on their credit rating.<\/p>\n

Under Chapter 13 bankruptcy, the petitioner enters into a court-ordered payment plan, which gives the petitioner(s) time to pay off their debts. It’s a repayment plan that, if successfully completed, allows for quicker credit recovery.<\/p>\n

How Bankruptcy Works<\/h3>\n

Bankruptcy cases begin when a petitioner files a bankruptcy petition in a federal bankruptcy court. This petition should contain a list of the petitioner’s assets and debts. The bankruptcy petition’s official filing creates an estate that the bankruptcy trustee administers. The trustee makes all official decisions for the estate, including whether or not to sell assets to liquidate (Chapter 7) the estate.\u00a0 Creditors can object to the bankruptcy in a creditor’s meeting under a Chapter 7 filing.\u00a0After the liquidation, the bankruptcy judge can discharge the petitioner’s debts.<\/p>\n

In a Chapter 13 bankruptcy, the petitioner creates a repayment plan and submits that plan to the bankruptcy court. The timeframe for repayment is three to five years. A bankruptcy trustee will review the plan before submitting it to the court. Chapter 13 bankruptcies extend for a few years, which means the petitioner’s debts are not immediately discharged. Chapter 13 bankruptcies discharge debts after the payment plan ends.<\/p>\n

Anyone considering bankruptcy should speak to a bankruptcy attorney.\u00a0Having an expert in bankruptcy law on your side can make a huge difference.<\/p>\n

Bankruptcy and Eviction Judgments<\/h2>\n

Before 2005, a tenant’s bankruptcy could impede a landlord’s ability to proceed with a court-ordered eviction proceeding. A tenant could easily stop an eviction by filing for a Chapter 7 or Chapter 13 bankruptcy. Once the tenant filed for bankruptcy, an “automatic stay” prevented all creditors, including landlords, from pursuing debt repayment.<\/p>\n

In 2005, this was altered with the passing of the\u00a0Bankruptcy Abuse Prevention and Consumer Protection Act<\/a>. A\u00a0landlord can now\u00a0evict a tenant, despite the automatic stay, if they have an eviction judgment.<\/p>\n

An eviction judgment is the final step in the\u00a0eviction process<\/a>. The eviction process starts when the tenant violates the lease in one of the following ways:<\/p>\n