If you are renting and thinking about filing bankruptcy, one of the most stressful questions people ask is:
“If I file bankruptcy, can my landlord evict me?”
It’s a fair fear. Housing is already expensive, and the last thing anyone wants is to file bankruptcy for relief… only to lose their home in the process.
The good news is:
Filing bankruptcy does not automatically mean you will be evicted.
But whether a landlord can evict you depends on your specific situation.
Let’s break it down.
Bankruptcy Does Not Automatically End Your Lease
Many people assume that filing bankruptcy cancels your lease or gives your landlord a reason to immediately throw you out.
That is not true.
A bankruptcy filing does not automatically terminate your lease.
In fact, bankruptcy law often provides protections for renters — especially when the tenant is trying to catch up and stay housed.
What Happens When You File Bankruptcy: The Automatic Stay
When you file bankruptcy, a legal protection goes into effect called the automatic stay.
The automatic stay can stop or pause certain collection actions, including:
- lawsuits
- wage garnishments
- collection calls
- and in many cases, eviction proceedings
This means that if your landlord is trying to evict you because of unpaid rent, bankruptcy may temporarily stop the eviction process.
When Bankruptcy Can Help Stop an Eviction
Bankruptcy can be helpful if:
- you are behind on rent
- the landlord has started an eviction process
- you need time to catch up
- you need breathing room from other debts so you can afford rent
In these cases, bankruptcy can sometimes buy you valuable time.
When Bankruptcy Will NOT Stop an Eviction
Bankruptcy is not a “magic shield” that stops every eviction.
There are situations where a landlord may still be able to proceed.
For example:
If your landlord already has a judgment for possession
If the landlord has already obtained a final eviction judgment before you file, bankruptcy may not stop the eviction.
If the eviction is not about rent
If the landlord is evicting you for reasons like:
- violating lease terms
- property damage
- illegal activity
- disturbing other tenants
bankruptcy may not prevent eviction.
What If You Are Current on Rent?
If you are current on rent and staying current, most landlords have no reason to evict you.
In general:
If you keep paying rent on time, bankruptcy usually will not affect your tenancy.
That said, some landlords may choose not to renew your lease later, depending on state law and the terms of your lease agreement.
But filing bankruptcy alone does not automatically equal eviction.
Chapter 7 vs. Chapter 13: Why It Matters for Renters
Chapter 7 Bankruptcy
Chapter 7 may wipe out unsecured debts like credit cards and medical bills, but it does not create a repayment plan for back rent.
If you are behind on rent, Chapter 7 may not solve the issue unless you can quickly catch up.
Chapter 13 Bankruptcy
Chapter 13 involves a payment plan (usually 3–5 years).
In some cases, Chapter 13 can help renters catch up on missed rent over time while stopping eviction proceedings.
This can be a major benefit for people who fell behind temporarily but now have steady income.
Can a Landlord Evict You Just Because You Filed Bankruptcy?
This is another common question:
“Can my landlord evict me just because I filed bankruptcy?”
Typically:
A landlord cannot evict you simply because you filed bankruptcy if you are complying with the lease.
However, landlords can still enforce lease terms, including:
- nonpayment of rent
- lease violations
- expiration of lease term
Bankruptcy does not eliminate your obligation to pay rent going forward.
The Most Important Rule: Rent Must Be Paid Going Forward
This is where many people get tripped up.
Even if bankruptcy eliminates other debts, you must continue paying rent after filing.
Bankruptcy can help with past debt, but it does not give you a free pass on future rent payments.
If rent is not paid after filing, the landlord may seek permission from the bankruptcy court to proceed with eviction.
The Bottom Line
If you are renting and considering bankruptcy:
✅ Filing bankruptcy does not automatically mean eviction
✅ Bankruptcy may temporarily stop an eviction through the automatic stay
⚠️ Bankruptcy will not stop every eviction, especially if a judgment already exists
❗ You must remain current on rent after filing
If You Are Behind on Rent, Timing Is Everything
If you are already facing eviction or behind on rent, do not wait until the last minute.
The timing of a bankruptcy filing can make a huge difference in whether it helps protect your housing.
If you file too late, the eviction may already be too far along.
If you file strategically, bankruptcy may provide the breathing room you need to get stable again.
Need Help? We Can Review Your Options.
If you are behind on rent, worried about eviction, or unsure whether bankruptcy can help protect your housing situation, contact our office to discuss your options.
You deserve a fresh start — and you deserve to stay housed while rebuilding.
