Frequently Asked Questions
Here are some things you need to know if you’re behind on your rent and considering bankruptcy in Nevada:
If I'm being evicted, could filing for bankruptcy help?
While filing for bankruptcy might temporarily delay eviction, it doesn’t prevent an eviction in most cases. Landlords can restart the eviction process in as little as seven days after a bankruptcy filing. If a judge has already entered an eviction order, the lockout may not be stopped at all by the filing of a bankruptcy.
When might a bankruptcy help with an eviction?
A bankruptcy filing 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. Keep in mind that finding alternate housing can be very difficult if a bankruptcy is pending. If you decide to file bankruptcy, it's best to file after you have vacated the property or caught up on the rent, in most cases.
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 filing for bankruptcy. If you fall behind on rent payments after filing, your landlord may evict you regardless of the bankruptcy; however, they can't seek payment of past due rent that arose before the bankruptcy filing if you receive a bankruptcy discharge.
Legal Aid Center of Southern Nevada offers free classes about tenants’ rights, bankruptcy, being collection proof, and sealing eviction records. You can attend them either in-person or online. For details about these or other classes, go to www.lacsn.org/classes.
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