When you learn that your landlord is trying to evict you over owed rent, it can be an incredibly scary time. Unfortunately, you may find that these matters move very quickly, leaving you with few options. As such, you may want to consider the benefits of filing for bankruptcy if this reflects your circumstances. It’s critical to understand the importance of discussing these matters with an experienced Memphis, TN consumer bankruptcy lawyer to explore your legal options when facing eviction proceedings.
What Eviction Laws Should I Know About in Memphis?
First and foremost, to evict you, the landlord must follow several steps, as you cannot be evicted before your lease agreement has expired unless you commit a violation or the landlord has valid legal reasons to evict you. As such, the first step is to provide notice to the tenant informing them that they have terminated the tenancy. In Tennessee, the violation you are accused of will determine how much notice you are provided. For example, failure to pay rent on time can result in a fourteen-day notice to leave the property.
For you to legally be removed from the property, the landlord must take you to court to obtain a warrant. Generally, they need a Forcible Entry and Detainer warrant to have law enforcement remove you from the property. It’s critical to understand that these matters can move very quickly, and failure to act can result in your eviction without securing another place to live.
How Does Filing for Bankruptcy Impact Eviction Proceedings?
If you are at risk of being evicted, it’s critical to understand that filing bankruptcy before your landlord receives the eviction judgment is critical. When you file for bankruptcy, you are granted what’s known as an automatic stay. This stay stops all collection efforts against you, including phone calls, wage garnishments, and pending judgments. As such, if you file before the judgment is granted, your landlord must comply with the stay and cannot continue eviction efforts. However, if you file after they receive the judgment, they can continue, as the case is closed.
If you are able to file before the judgment is ordered, you’ll find that the landlord may petition the court to lift the automatic stay so they can continue to pursue your eviction. While generally, a creditor must show they will suffer irreparable harm if they are unable to pursue collection, the courts will typically lift the stay at the request of a landlord unless you can provide a reason the courts should not grant this request.
When considering bankruptcy, especially when facing eviction, it is critical to connect with an experienced attorney as soon as possible. At the Arnold Law Firm, our dedicated team of bankruptcy attorneys understands how stressful these matters can be. That is why it is in your best interest to contact our team immediately. We will work with you to fight for the best possible outcome during these incredibly challenging circumstances. Reach out today to discuss the details of your case with a member of our firm.
