Can I break my lease agreement if I'm unemployed and file for bankcruptcy and can't afford to pay for the rent?

Bankruptcy 6 views 3 answers
My car window got broke in twice in less than 8 weeks. The landlord harrasses me by bringing the door bell on every 1st of the month and continue to call to ask for the money even though the due date won't be til the 4th.

Attorney Answers

3
Shannon Wilson ·
I agree with the above answer. If you need to terminate your lease early, try to negotiate something with the landlord. The landlord sounds unconventional (knocking on your door on the first of the month). Perhaps the landlord would be open to renegotiating the terms of your lease to something you can afford or maybe they would offer a reduction in rent in exchange for labor? I suggest you contact your local DHS Self-Sufficiency Office to see if there are any temporary housing assistance subsidies that you qualify for. I also suggest that YOU terminate the tenancy before your landlord has a chance to evict you for non-payment of rent. An eviction on your rental history is devastating for tenants. Should you terminate your agreement early the landlord can claim damages up to two-months of rent for early termination plus anything that is owed for past due rent. This would most likely be brought in small claims court since possession of the dwelling is no longer and issue. This should allow you enough time to work out what is owed to your former landlord and secure additional housing. A lot of times, landlords and tenants can reach a stipulated agreement with a payment plan to avoid a court entered judgement. I highly recommend you contact an attorney as soon as possible to advise you on the specific facts of your case. You can schedule initial consultations with an attorney for little or no cost to you.
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James Baldock ·
These are not legal reasons to break a lease. You will still have a contractual obligation to your landlord, and he can get a judgement against you for unpaid rent. In addition, the landlord can evict you for non-payment of rent. It is possible that the debt you owe to your landlord can be discharged through your bankruptcy. Bankruptcy is a very specialized area of law with a lot of technicalities regarding when debts are due and when they could be discharged. I am not a bankruptcy attorney. I strongly encourage you to talk to an attorney about your bankruptcy. Talk to your bankruptcy attorney about getting the debt you owe the landlord discharged through bankruptcy.
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Troy Pickard ·
A landlord is allowed to ring a tenant's doorbell on the first of every month to ask about rent, even if it's not due until the 4th. Car window breaks are probably not the landlord's fault. And, a tenant's inability to pay, unemployment or bankruptcy are not things that enable a tenant to breach a rental agreement without suffering the consequences.
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