Apartment Eviction Legal???

Question

I lived in an apartment and had filed bankruptcy during that time. I did not include the current apartment complex in the bankruptcy.

However, I got behind on the rent and the apartment became turned over to an attorney. The attorney's office told me that they could not discuss the financial obligations with me because I was in an open bankruptcy. (The kind you repay, ammended payments) They told me that they had to deal with my own attorney.

However, I got a letter from THE APARTMENT complex attorney, October 13, saying they were going to court to retain ownership of the apartment. They never filed an eviction notice with me because my own attorney informed me that I didn't have to go to court because he would represent me.
I never got any information such as legal documentation, only the letter from the complex's attorney stating they were ATTEMPTING to regain possession. I got evicted on November 6 and was kicked out of my apartment and lost everything I had. Is that legal?

Oh and to the first poster. They can and are sueing me. I'm not disupting that. What I am wondering if its legal to evict in that way. They are well on their way to recovering the money...the bankruptcy had already stopped allowing new additions and debt accounts when they attempted to collect the debt. The complex was not included on the bankruptcy because it had closed by the filing date.

Hello. You have to have a legal document saying that they actually can evict, not a letter stating the time and date of when they were going to court. That's like me sending you a letter saying I'm taking you to court to sue you and you automatically thinking I won the case because it said we were going to court!!!!

Answer 1

Are you saying that you were never served with a summons & complaint and therfore did not know of your court date and time?
And that your attorney did not get the notice on your behalf?

If so, go to court and file for an order to show cause. I don't know where you live, but here in NJ a tenant has 10 days after the lockout to gain re-entry. You may have a similar law where you are.

If they just locked you out without even going to court, you have been the victim of a self-help eviction and that is against the law. You can get some serious cash over that. Why hasn't your bankruptcy lawyer discussed your situation with a good landlord/tenant lawyer?

In any case, you don't "lose everything" when you are locked out. Your property must be returned to you. If it isn't, go to court and file for the same order to force your landlord to give you access to your belongings.

Answer 2

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RE Apartment Eviction Legal???

I lived in an apartment and had filed bankruptcy during that time. I did not include the current apartment complex in the bankruptcy.

However, I got behind on the rent and the apartment became turned over to an attorney. The attorney's office told me that they could not discuss the financial obligations with me because I was in an open bankruptcy. (The kind you repay, ammended payments) They told me that they had to deal with my own attorney.

However, I got a letter from THE APARTMENT complex attorney, October 13, saying they were going to court to retain ownership of the apartment. They never filed an eviction notice with me because my own attorney informed me that I didn't have to go to court because he would represent me.
I never got any information such as legal documentation, only the letter from the complex's attorney stating they were ATTEMPTING to regain possession. I got evicted on November 6 and was kicked out of my apartment and lost everything I had. Is that legal?

Answer 3

It probably is legal.

If the obligation to the apartment wasn't included in the bankruptcy, they can pursue you for payment as if you weren't in bankruptcy.

If they notified your attorney of their steps to evict you, that's notice to you. You are deemed to "know" of anything your attorney knows, so when HE got served, YOU got served.

Your attorney might well have dropped the ball. Sure looks that way if he hasn't mentioned the possibility you could be evicted suddenly.

Answer 4

What in the world do you consider the notice that they were going to court to retain ownership of the apartment? It was an eviction notice!

Answer 5

What's even more horrible is what you just did to the owner of that property. You cost them uncollected rent, attorney fees and the costs for removing your property which they will likely never recover. All they did was extend you credit by allowing you to rent their property. Shame on you!