Chapter 13 and Landlord

[stoklee]

What is the name of your state (only U.S. law)? ohio

My Landlord tried to sue me before I had vacated his premises, because I am in Chapter 13, the small claims court informed him he could not sue. Does he still have 30 days to inform me what he did with my security deposit? Should I send him a letter requesting this information? It has now been 60 days.

 

[ecmst12]

Is there really any question that it went towards the rent you owe him?

 

[Cvillecpm]

Your deposit is GONE!!!

 

[stoklee]

I am only trying to get an itemized list of repairs. Is it true in the state of Ohio, a Landlord has 30 days to produce that? I only want that, I am not expecting money back.

 

[FarmerJ]

Sto Im curious , did your BK atty advise you to include rent you owed into the filing and tell you what to expect once it was added? I was in a 13 BK many years ago where it was full repayment so I know BK has changed alot BUT I always wonder if BK attys go to the trouble of explaining what can happen Post BK filing if a tenant ends up having to move out? ANY future LL who contacts a LL who had a tenant include rent in a BK is going to learn of it and can use it as part of the reason to decline a application. I would think more LLs are open to renting to a person with a BK in the past when the tenant is able to show via reciepts and old leases that even though they filed BK they paid the rent , see every one knows that sometimes things go bad especially like when theres high medical bills BUT by leaving a LL out of it and paying in full a current LL has no real reason to evict so tenant is not having to scramble for housing or atleast wont have a future LL learning about it right away. Like I said I cannot help but wonder if BK attys ever inform tenants of this possibility?

 

[stoklee]

No, it was not included in my BK. I have been paying into our plan for about four years now. I just need to know if the same applies to mu old Lanlord. He has 30 days to send me a detail statement showing what he did with my deposit. Is that correct?

 

[FarmerJ]

Your former LL still has to follow your states laws regarding deposits no matter what. BTW if the LL was not listed as a creditor and your rents were always paid BUT there is any damage over and above the deposit you still can be sued. when it is something that comes up post BK filing but while a consumer is still under BK it is my understanding that BK laws regarding debt collection actions that could include civil court for amounts owed only applys to the ones listed in a BK plan. The best thing you can do is consult with a atty who specializes in BK to verify what the laws are.