When you receive a notice from your landlord that they intend to evict you, it can be earth-shattering. Not only can this be incredibly disruptive as you’ll need to remove all of your belongings from the property, but it leaves you with little time to find new housing. Unfortunately, this is often the byproduct of debt and missed rent payments. However, there may be one option to help your circumstances that you have not yet considered – filing for bankruptcy. If you’re unsure how this process can help you when facing eviction, you’ll want to keep reading to learn more about the automatic stay and how an Orange County consumer bankruptcy lawyer can help guide you through this difficult process.
When Can a Tenant Be Evicted in New York?
As a resident of New York, understanding the eviction laws is critical if you are a tenant. Whether you live in an apartment building or rent a home, familiarizing yourself with your rights is one of the most important things you can do. However, you should always thoroughly read your lease agreement, as it can contain additional information.
In New York, there are a number of reasons for which someone can be evicted, and the amount of notice will depend on the reason the eviction has been enacted. For example, lease violations warrant a 10-day notice to amend the violation, followed by a 30-day notice to vacate if the violation is not remedied. However, you’ll find that eviction for failure to pay rent is one of the most common triggers for this action. If this occurs, the landlord is only required to provide 14 days’ notice to the tenant. Generally, you will be able to pay the outstanding balance or face eviction.
To legally evict you in New York, the landlord must file a petition with the court and receive a signed judgment to have you removed from the property. It’s also important to understand that this eviction must be carried out by law enforcement.
Can I File Bankruptcy to Prevent Eviction?
If you are at risk of being evicted and have decided that filing for bankruptcy is in your best interest, it’s critical to understand the importance of moving quickly during this process. Generally, for bankruptcy to have any impact on the eviction proceedings, you must file for bankruptcy before your landlord obtains the judgment to remove you from the property. If the landlord obtains the eviction judgment before you have formally declared bankruptcy, there is little this process can do. However, if you file before they obtain the judgment, the automatic stay can prevent this process from occurring until the conclusion of your case.
When you file for bankruptcy, you are granted what’s known as an automatic stay. This prevents creditors from continuing collection efforts against you, including pending lawsuits, making phone calls about debts, garnishing your wages, and repossessing your property. If a creditor wishes to continue collection efforts against you, they must file a petition with the court to lift the automatic stay. Generally, this is only granted if the creditor can show that failure to have the stay lifted would cause collateral property to lose significant value, thus causing them financial stress.
As you can see, bankruptcy can be incredibly beneficial for those facing bankruptcy, which is why it’s critical to connect with an experienced attorney during this process. At the Law Offices of Michael D. Pinsky, our dedicated legal team understands how overwhelming it can be to face being removed from your home, which is why we will help you explore your options during these matters. When you need help, do not hesitate to contact us to discuss your circumstances with a member of our dedicated legal team.
