Can my landlord cancel my current residential lease just because I filed for bankruptcy?

ABSOLUTELY NOT! Under the bankruptcy code your landlord is prohibited from cancelling your residential lease just because you filed for bankruptcy. The Bankruptcy Code provision that speaks to this is found at 11 USC section 365(e)1. Even if your lease has a provision that says your lease can be cancelled if you file for bankruptcy, that provision is ILLEGAL under the statute and void as a matter of law.

If your landlord was to ignore the law and attempt to evict you (or actually evict
you) aside from having a civil case in state court against your landlord for an illegal eviction, you would be able to bring the landlord into federal court (the bankruptcy court) for violating federal law.

CAUTION: The law makes it clear that the termination is unlawful if it was SOLELY
due to your bankruptcy filing. If you are behind in your rent to your landlord, then the landlord could seek permission from the bankruptcy court to terminate your lease and lawfully proceed with eviction.


Disclaimer: The Law Offices of Michael E. Zapin is a debt relief agency and we help our clients file for bankruptcy relief.

The materials and discussions on this website are for informational purposes only and not intended to be legal advice to you. Most of the information on this website is based on Florida law. Laws are not static, they are fluid. Legislatures periodically change dollar values in laws relevant to bankruptcy. Though we strive to remain current on the law, always check primary sources for the most recent values or developments.  Laws in your home state may vary. Contact a competent local professional for actual legal advice or ask us for a referral.