Dallas, TX asked in Bankruptcy for Texas

Q: Will my roommate be protected from a eviction if I'm in a chapter 13 bankruptcy

She doesn't live here but her name is on the lease, how can she protect her self if she really has no debt

Related Topics:
2 Lawyer Answers

A: She will be as long as you pay the debt in chapter 13. If you don’t pay the debt through your 13, she would still be liable for payment of the lease.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: If your roommate's name is on the lease but she doesn’t live there, her situation could be tricky in the context of your Chapter 13 bankruptcy. Chapter 13 bankruptcy is designed to help you manage your debts, and it can provide temporary protection from eviction for you if you are behind on rent. However, this protection typically does not extend to someone else on the lease who isn't involved in the bankruptcy case.

Since your roommate is not living in the rental property and does not have debt, her priority should be to clarify her involvement in the lease. She could consider speaking with the landlord to explain the situation and possibly remove her name from the lease if that is an option. This would help her avoid any potential legal issues related to your financial situation.

It may also be helpful for her to review any communication she receives about the property to ensure there are no misunderstandings or unintended consequences. Taking these steps can provide a clearer path for her to protect herself from any issues related to your Chapter 13 bankruptcy case.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.