If you are behind on paying rent and your landlord is attempting to evict you, it may be difficult to remedy the situation if your landlord has already initiated legal proceedings. Unless you can produce the outstanding rent or enter into a payment plan, your landlord has grounds to regain possession of the unit.
Rent is one of your most important ongoing financial obligations, so consider what else you are late in paying and the current volume of your outstanding debt. Consumer bankruptcy may be a way to help stop collections attempts including eviction proceedings.
The effect that bankruptcy has on eviction may depend on where you are in the process. If you have received legal notice to quit from your landlord but a court has not issued an eviction order, it may be possible to halt further judicial action.
Filing for bankruptcy under Chapter 7 or Chapter 13 will not necessarily discharge an obligation to pay the outstanding rent. A landlord may be able to collect overdue rent with a payment plan approved by a bankruptcy court or trustee. Also, tenants must still continue paying their regular rent. If a tenant fails to comply with any important terms of a lease term such as paying rent, a landlord could potentially petition for relief from the automatic stay and move forward with an eviction.
Ultimately, filing for bankruptcy can prevent your landlord and other creditors from taking legal action against you. If you initiate the bankruptcy process before an eviction is finalized, it may be possible to stay in your home.