If you are struggling with finances at the moment and are a renter in an apartment or condominium complex, then you may be worried about eviction. If you fall too far behind on your rent, then your landlord may have the right to evict you from your place of residence in order to find a tenant who will pay as promised. These landlord/tenant disputes that lead to eviction is a completely legal process and the landlord will need to go through the court in order to obtain an eviction notice for the tenant who is creating difficulty. The process of eviction can have negative effects on the tenant’s credit, and he may not be able to rent a new apartment. If a tenant files for bankruptcy then both the federal laws and the Georgia laws govern whether the landlord can evict that tenant.
If a landlord has already secured an eviction notice against a tenant, then he or she can proceed with the eviction, even if the tenant files for bankruptcy. At this point, the tenant is too late in his or her actions to reverse the order. While bankruptcy provides an automatic stay against creditors, it won’t apply if the landlord has already obtained the eviction order from the court and administered it to the tenant. There are times that state law will allow a tenant to “cure” eviction by paying rent, but these situations are rare. In Georgia, a tenant can “cure” eviction if he or she can come up with the necessary finances within seven days of being served a notice.
While this is permitted, Georgia law also allows a landlord to refuse any late rental payments that could cure an eviction if it is the second time that a tenant has received an eviction notice within a year. If the landlord believes that the tenant is a difficult renter and would prefer to see that man or woman leave the complex, he or she is under no obligation to accept a cure payment on this second chance. This is because the tenant has already been provided with an opportunity to show that he or she can be responsible and has abandoned that opportunity.
Automatic Stay Protection
If the landlord attempts to evict a tenant after that tenant has filed for bankruptcy, then the automatic stay will serve as protection. Instead of being forced to move, the tenant will list the landlord as a creditor and that landlord will have to attend the creditor’s meeting held in court. In rare cases, a court may permit a landlord relief from an automatic stay in a bankruptcy. The landlord will have to go to the court with reasons why the automatic stay should be lifted and the eviction should continue.
There is one significant exception to this law in the state of Georgia. This state operates under the Federal anti-drug laws, which state that if a tenant uses illegal drugs, he or she can be evicted from his or her residency regardless of whether or not a bankruptcy is in place. The landlord will need to file for certification with the bankruptcy court to show that the eviction has to do with drug use before the motion will be allowed. The landlord can only evict a tenant who has filed for bankruptcy if the drug use has been discovered (via a drug screening test) in the past 30 days or the tenant has used drugs within the past 30 days and evidence can be provided.
If you have filed for bankruptcy in the state of Georgia and are facing eviction from your rented apartment, home, or condominium, then you need to talk to a Marietta bankruptcy lawyer at Cherney Law Firm. These hardworking and compassionate attorneys are dedicated to helping you get through your bankruptcy with finesse and grace. These lawyers will help you to understand bankruptcy and learn how to discharge your debts when you are in a difficult financial situation. Contact a bankruptcy attorney today for more information!