Frequently Asked Questions
If you’re behind on your rent and considering bankruptcy in Nevada, here are some things you need to know:
Can bankruptcy help me if I’m being evicted?
While filing for bankruptcy might temporarily delay the eviction process, it doesn’t prevent eviction in most cases. Landlords can restart the eviction process in as little as seven days after a bankruptcy filing. If an eviction order has already been entered by a judge, the lockout may not be stopped at all by the filing of a bankruptcy.
When might a bankruptcy help with an eviction?
Bankruptcy can help get rid of back rent debt owed to a landlord after an eviction. Bankruptcy may also provide a short delay in an eviction proceeding, giving a tenant time to vacate the property. However, finding alternate housing may be very difficult if a bankruptcy is pending. In most cases if you decide to file bankruptcy, it is best to file after you have vacated the property or caught up on the rent.
Do I have to pay my rent after filing for bankruptcy?
Yes, if you want to keep living in the rental, you must pay your ongoing rent payments after you file for bankruptcy. If you fall behind on your rent payments after the bankruptcy is filed, your landlord may evict you regardless of the bankruptcy, but cannot seek payment of past due rent that arose before the bankruptcy filing if you receive a bankruptcy discharge.
Where can I learn more?
Legal Aid Center of Southern Nevada offers free classes about bankruptcy, tenants’ rights, protecting income when in debt, and sealing eviction records. You can attend them either online or in-person. For more information about these or other classes, visit www.lacsn.org/classes.
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