If you’re behind on rent, you might be wondering if filing bankruptcy can stop your eviction. The answer is yes, but only temporarily.
When you file a Chapter 7 bankruptcy, the automatic stay immediately goes into effect. This prevents your landlord from moving forward with an eviction for about 90 days. However, there are important limitations:
- If your landlord already has a judgment for eviction before you file, bankruptcy will not stop the process.
- Your landlord can also ask the court to lift the stay, which allows the eviction to continue.
- Even if the stay pauses the eviction, your landlord is not required to renew your lease once it expires.
Chapter 7 vs. Chapter 13: What’s the Difference?
- Chapter 7 may temporarily delay eviction, but it won’t give you a long-term solution. Residential leases are considered executory contracts, which means you must quickly catch up on missed payments if you want to stay.
- Chapter 13 gives more flexibility. If you’re behind on a secured debt like a mortgage, you can spread the missed payments over a repayment plan (up to 60 months). But with a lease, you still need to cure the default promptly—you can’t simply restructure the lease through bankruptcy.
Why This Matters for Renters
Evictions are often harder to overcome on your record than a bankruptcy filing. Landlords may be unwilling to rent to someone with a prior eviction, while bankruptcy alone is often viewed less harshly.
What Are Your Options?
If you’re facing eviction, your best move is to:
- Catch up on rent if possible.
- Explore alternative housing options with family or friends.
- Use bankruptcy to discharge any unpaid lease charges, even if it doesn’t allow you to stay in your current home.
👉 Bottom line: Bankruptcy can buy you time, but it won’t guarantee that you can keep your lease. Acting early, before eviction papers are served, gives you more options.
The information provided on this page is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Please contact a licensed bankruptcy attorney to determine your bankruptcy options.