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Notice of eviction for nonpayment of rent forces many tenants into
filing bankruptcy. Certainly filing prevents eviction for a short period
of time in Chapter 7, yet unpaid rent must be brought current or the
court will, in all probability, grant a landlord's motion to lift stay
allow forcible eviction of the terms of local and state laws. After filing bankruptcy
in Chapter 13, the past due amount may be added to the plan, yet future
payments, if late, will place tenants squarely in the same dilemma. Landlord Tenant Rights
are derived from state and local laws, and in many cases, may be altered
by lease terms. However, standing alone, filing bankruptcy cannot
legally be the sole cause of default regardless of terms contained in
the lease.
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