Can I Stay in My Apartment If I File Bankruptcy in Nevada?

Filing for bankruptcy can feel overwhelming—especially when you’re worried about where you’ll live. Filing for bankruptcy can also influence your rental agreement, particularly in terms of whether you can maintain your current rental or rent new properties afterward.

So, can you stay in your apartment if you file bankruptcy in Nevada?Yes, you can usually stay in your apartment after filing bankruptcy in Nevada, as long as you continue paying rent and are not behind or violating your lease.

At Freedom Law Firm, we help Nevadans file bankruptcy without losing their homes. Here’s what you need to know about your rights as a renter.

What Happens to Your Lease When You File Bankruptcy?

When you file for bankruptcy, your rental lease becomes part of your bankruptcy estate. The bankruptcy process can affect your lease, but it doesn’t mean you’ll lose your home—in fact, you have the right to keep (“assume”) your lease as long as you’re current on payments and follow the lease terms.

Key facts:

• Filing triggers an automatic stay, which temporarily halts eviction proceedings.
• You must assume the lease if you want to stay.
• If you are behind on rent, you may need to pay the arrears quickly or face eviction.

Important: The automatic stay won’t stop an eviction if your landlord has already won a judgment before you file.

Tenant Rights During Bankruptcy in Nevada

Nevada tenants are protected under federal bankruptcy laws, but you still have responsibilities. Here’s what you should know:

• You are still responsible for paying rent after your filing date.
• The automatic stay stops new eviction actions, but your landlord can request the court lift it if you’re behind on rent. The automatic stay temporarily halts all debt collection activities, including eviction proceedings, providing some relief from aggressive creditor actions.
• If you want to stay, you must assume the lease and stay current on all future payments.
• You don’t have to notify your landlord—they’ll receive official notice from the bankruptcy court.
• Landlords can still decline to renew your lease, even if you are current on payments.

If you’re behind on rent before filing, you may have to catch up within 30 days or face eviction.

Will Filing Bankruptcy Stop an Eviction in Nevada?

It depends on the timing of the bankruptcy filing, as it can affect whether a landlord can evict a tenant.

If your landlord has not yet filed for eviction:

• The automatic stay will stop them from starting the eviction process while your case is pending. However, late payments can influence a landlord’s decision to start the eviction process once the automatic stay is lifted.

If your landlord already obtained a court judgment:

• The automatic stay won’t protect you, unless you take specific legal action (like filing a certification and deposit for rent owed).
• Foreclosure can complicate eviction proceedings, as it may lead to the tenant losing their home despite bankruptcy protections.

If you’re behind on rent:

• You may still be able to stay in the apartment by paying the back rent promptly or through your Chapter 13 repayment plan.

Bankruptcy discharge can eliminate past-due rent owed before filing, but it does not affect ongoing rent obligations, so it’s crucial to stay current on future rent payments.

Bankruptcy can buy time to stop an eviction and catch up—but fast action is required.

Can I Keep My Apartment in Chapter 7 Bankruptcy?

Yes—as long as you’re current on rent and intend to stay.

• You must assume the lease in your filing paperwork.
• If you’re behind, you’ll need to pay past-due rent quickly, or your landlord can ask the court to lift the stay.
• Under Chapter 7 bankruptcy, tenants must fulfill their financial obligations, including staying current on rent payments, to maintain their rental agreements.

Chapter 7 does not discharge ongoing obligations like rent unless you reject the lease and leave the unit.

Can I Keep My Apartment in Chapter 13 Bankruptcy?

Yes. Chapter 13 offers more flexibility if you’re behind on rent:

• You can include past-due rent in your repayment plan.
• You must still stay current on future rent during the 3–5 year plan.
• It is crucial to make ongoing rent payments to avoid eviction during the repayment period.
• If you fail to keep up, the landlord can seek eviction despite your case.

Chapter 13 allows you to cure rent arrears over time and remain in your home.

Does Bankruptcy Affect My Ability to Rent in the Future?

Yes, but the effects lessen over time. Here’s what to expect:

• Bankruptcy shows up on your credit report for 7–10 years
• Landlords often check credit reports when reviewing rental applications
• Private landlords may be more flexible than large property management companies
• Many landlords value current income and references over past credit history
• You may need to offer a larger deposit or get a co-signer

Rebuilding good credit by making timely bill payments and using rent-reporting services can significantly improve your chances of rental approval in the future.

Most people can qualify for a new rental within 3 to 6 months after bankruptcy, especially if they can show financial stability.

Can I Be Denied Housing Because I Filed for Bankruptcy?

While it’s legal for landlords to consider your credit history, including a bankruptcy, they cannot deny housing based solely on your bankruptcy status if it constitutes discrimination.

A recent bankruptcy can impact your rental application as landlords often review credit reports. Although a recent bankruptcy may complicate your chances of securing a rental, it’s not impossible. Other factors like your credit score and rental history also play a significant role.

Here’s what to know:

• Landlords may ask about bankruptcies during screening, but many focus more on current income and rental history.
• Public housing programs may still approve you post-bankruptcy depending on your overall profile.
• Fair housing laws prohibit discrimination based on race, religion, national origin, disability, and other protected classes—but they do not specifically protect against discrimination based on bankruptcy.
• Being transparent and providing references or proof of stable income can greatly improve your chances.
• Demonstrating steady employment can reassure landlords about your financial stability, showing that you have a consistent income and a responsible financial history despite past financial struggles.

Many people successfully rent after bankruptcy by being proactive and honest with prospective landlords.

How to Improve Your Rental Prospects After Bankruptcy

Rebuilding credit and demonstrating responsibility are key to securing housing post-bankruptcy:

• Pay all bills on time, including rent and utilities
• Use a secured credit card to rebuild your credit score
• Keep credit balances low and avoid new debt
• Be honest with landlords—many appreciate transparency
• Offer rental references or stable employment history
• Consider private landlords, who often offer more flexibility
• Offer a larger security deposit to demonstrate financial reliability and mitigate landlord concerns

Applying with a co-signer and offering a larger deposit can also strengthen your application.

What If I’m Month-to-Month or Don’t Have a Lease?

If you’re renting month-to-month, bankruptcy law still protects you from immediate eviction via the automatic stay. However:

• Landlords may still terminate tenancy with proper notice under Nevada law.
• The automatic stay can delay—but not permanently block—non-renewal or lawful lease termination.

Finding a new place to live after filing for bankruptcy can be challenging due to potential difficulties with credit checks from landlords. However, being honest about your financial situation and demonstrating stability can improve your chances of securing a rental.

Even if you don’t have a formal lease, landlords must follow legal procedures.

Can Bankruptcy Help Me Break a Lease I Don’t Want?

Yes. If you want to move and owe money on your lease, bankruptcy allows you to:

• Reject the lease, ending your obligation
• Discharge the unpaid rent and penalties

Discharged debts can relieve you of lease obligations and impact your ability to secure future rentals.

This is often helpful if:

• You want to downsize
• Your lease is unaffordable
• You’re facing penalties for early termination

You must reject the lease during your bankruptcy case to be released from the debt.

Bankruptcy Filing Process and Your Lease

Understanding how bankruptcy works with your rental obligations is key. Here’s what’s required:

• Obtain credit counseling before filing your petition
• List your rental lease in the bankruptcy forms
• The bankruptcy code governs the filing process and impacts how rental obligations are managed.
• Decide whether to assume or reject the lease
• Continue paying rent from the date of filing forward
• In Chapter 7, rejecting the lease discharges future rent
• In Chapter 13, you can repay back rent over 3–5 years while keeping your home

Bankruptcy protects you from past rent liability but not from future rent. You must stay current after you file.

How Chapter 7 vs. Chapter 13 Affects Renters Differently

Understanding the differences between Chapter 7 and Chapter 13 is essential if you’re a renter concerned about your housing.

Feature	Chapter 7 Bankruptcy	Chapter 13 Bankruptcy
Duration	3–4 months	3–5 years
Lease Obligations	Can reject lease and discharge unpaid rent	Must repay past rent through repayment plan
Stay in Apartment?	Yes, if rent is current and lease is assumed	Yes, and you can catch up on missed rent
Effect on Future Rent	Must pay from date of filing forward	Must pay from date of filing forward
Best For	Tenants current on rent or seeking to break a lease	Tenants behind on rent who want to stay in unit
Impact on Financial Situation	Can improve financial stability by removing debts	Allows for structured repayment, potentially preserving income and assets

Choosing the right chapter can determine whether you keep your home or walk away from unaffordable obligations.

Talk to a Bankruptcy Attorney Before You Lose Your Home

If you’re facing eviction or worried about losing your apartment due to debt, Freedom Law Firm can help. We’ll review your situation, stop collection actions, and protect your rights under Nevada law.

Call (702) 819-8692 or schedule your free consultation.

Take control of your future—without losing the roof over your head.

Further Reading:

• Can a Las Vegas Bankruptcy Stop a Rental Eviction?
• Will Filing Las Vegas Bankruptcy Cause Your Eviction?
• Stop an Eviction with Bankruptcy

Resources:

• U.S. Bankruptcy Court – District of Nevada
• Nevada Legal Services – Tenant Rights
• U.S. Department of Housing and Urban Development (HUD)
• Consumer Financial Protection Bureau – Rental Protections

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