How To Stop An Eviction

An eviction is the last step before the landlord takes your personal belongings. The landlord needs to follow the correct procedures in order for you to be evicted. There are some ways to stop an eviction. If you know you‘re going to be evicted, you can contact your landlord and try to negotiate to stay in your home. If the landlord knows you are a good tenant, he or she may be willing to work with you to keep you in your home. If you are being evicted for not paying rent, ask the landlord if you can arrange a payment plan. If you are being evicted for breaking the lease, you can contact the landlord and see if you can negotiate to stay in the home for a shorter amount of time.

What  if, I, the tenant don‘t move out?

If you do not leave after the landlord gets the court order, the sheriff will come and put your belongings on the street. If you want to stay in the home, you can ask the sheriff for a few extra days to move. But the sheriff will not let you stay in the home without paying the rent. If you don‘t make payments, the sheriff will come back and remove your belongings from the home.

What are the landlord‘s responsibilities? The landlord is responsible for preparing a written notice that gives you the reason for the eviction and the date that the eviction will be carried out. The written notice must be delivered to you or posted on the door. The written notice must tell you that you have ten days to get a lawyer. If the landlord does not follow the correct procedures in evicting you, you may be able to stop the eviction.

Can bankruptcy stop the eviction?

You might qualify for an eviction–stopping bankruptcy, or you might be able to buy yourself more time to go through the process. Depending on the type of bankruptcy you file, you could be able to stop an eviction if you’re either in the process of negotiating a repayment plan with your landlord, or if you’re in the process of selling your property.

In Chapter 13 bankruptcy, you have the ability to file a “cramdown” plan, which means you can modify your payments to the landlord and give the landlord some of the equity in your home. You also can stop an eviction by filing Chapter 13 bankruptcy and going through the “automatic stay” process. With the automatic stay in place, your landlord cannot continue with your eviction. However, you may need to file an answer and a counterclaim to stop the eviction. You also will need to provide the court with a plan to repay your debt.

If you need additional time to find a solution, you can ask for a brief extension in your bankruptcy case. For example, if you have a Chapter 7 case, you can ask the judge to give you an additional 60 days to come up with a plan to repay your debts. If you have a Chapter 13 case, you can ask for an additional 60 days to complete the repayment plan. For example, if your Chapter 13 case was originally scheduled to last three years, you could ask for a one–year extension.

For more information about how bankruptcy can help you stay in your home and resolve debts, contact our Dallas bankruptcy attorney office today.