Is landlord constantly contacting me for my rent payment a violation of Chapter 7 automatic stay?

[wiggybrain]

What is the name of your state? Illinois

I filed for chapter 7 on 8/30/2019. Lease was on Schedule G but landlord wasn't a creditor since I was current. Gave my landlord rent check for December 2019 with a "Pls hold till 12/27" post-it on the check and a note explaining I just started new job, am working for a China based company and this is soonest check can be cashed. Landlord texted me and roommates (who are co-tenants on lease) saying if he is not paid my $700 immediately then they (the roommates) need to come up with money. I explained to one of my roommates that I don't have the money now and no way to get it. (Can't get blood from a stone.)

I know that in order to evict me, that my landlord would need to file a motion for relief from stay. So is my landlord constantly contacting me for my rent payment now a violation of the automatic stay?
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[Zigner]

Your landlord could deposit the check now, if he so desired.

 

[adjusterjack]

I know that in order to evict me, that my landlord would need to file a motion for relief from stay.

True, but he could evict your two roommates for defaulting on the rent. If all three of you are on the same lease all three of you are jointly and severally (google it) liable for the full amount of the rent. If you don't pay (I would not have accepted a post-dated check nor would I have agreed to hold one for weeks) the others are liable for the full amount and he can serve a "pay or quit" notice on the two roommates (while seeking relief from the stay) and file for eviction against them if they didn't pay the full amount of the rent.

 

[LdiJ]

What is the name of your state? Illinois

I filed for chapter 7 on 8/30/2019. Lease was on Schedule G but landlord wasn't a creditor since I was current. Gave my landlord rent check for December 2019 with a "Pls hold till 12/27" post-it on the check and a note explaining I just started new job, am working for a China based company and this is soonest check can be cashed. Landlord texted me and roommates (who are co-tenants on lease) saying if he is not paid my $700 immediately then they (the roommates) need to come up with money. I explained to one of my roommates that I don't have the money now and no way to get it. (Can't get blood from a stone.)

I know that in order to evict me, that my landlord would need to file a motion for relief from stay. So is my landlord constantly contacting me for my rent payment now a violation of the automatic stay?
Less

If your rent is normally due on the 1st, and you are asking your landlord to hold a post dated check for 27 days, then you are being totally unreasonable. Borrow the money from someone and pay that person back on the 27th.

 

[Just Blue]

https://forum.freeadvice.com/threads/after-1-month-roommates-want-me-to-move-out-11-months-left-on-lease-and-i-just-filed-for-bankruptcy-can-they-kick-me-out-what-are-their-legal-opt.656523/

 

[FarmerJ]

when you asked your bk atty if your future rent payments that you failed to make would mean the LL would need to file a motion for relief in order to evict you or not what did your attorney tell you ? your LL is free to file for a eviction and your roommates are going to have to pay your share AND all legal cost which is exactly how your LL is going to get blood out of your turnip because your roommates can indeed sue you for your unpaid share and your bk isn't going to protect you from two very angry roommates or their choice to sue you if they do.

 

[FlyingRon]

Assuming that he hasn't gotten relief from the stay and your roommates haven't filed bankruptcy:

The automatic stay stops legal actions and collection attempts from YOU. It means nothing about your roommates. The lease almost certainly holds everybody jointly liable for the entire rent. This means that they can ask your roommates to pay it all. They can start eviction proceedings against your roommates.

 

[Taxing Matters]

I know that in order to evict me, that my landlord would need to file a motion for relief from stay. So is my landlord constantly contacting me for my rent payment now a violation of the automatic stay?

Repeatedly contacting YOU to pay the rent may indeed violate the automatic stay. Ask your bankruptcy lawyer about that. But whether the court would do much about it is another matter. You do have to keep current on post-petition rent or the landlord may seek to get the stay lifted so that you can be evicted. And the landlord can move right away to evict your co-tenants for failing to pay rent.

 

[Gail in Georgia]

The OP needs to define "constantly". From the posting it appears the OP and the roommates were contacted once regarding the rent.

Gail

 

[NeilTheCop]

I know that in order to evict me, that my landlord would need to file a motion for relief from stay. So is my landlord constantly contacting me for my rent payment now a violation of the automatic stay?

As the OP said that his landlord isn't a creditor, so would the landlord need to file any sort of motion to get the rent that's owed to him?
I understand the idea behind an automatic stay, but I don't believe it's intended to be an automatic free pass for your monthly bills.
You owe him the rent, pay it on time or start looking for another apartment.

 

[FlyingRon]

As the OP said that his landlord isn't a creditor, so would the landlord need to file any sort of motion to get the rent that's owed to him?

The stay is not a "free pass." However, it does, however, apply to "all entities."

There is a caveat on most of the stayed actions that it only applies to things that arose (or could have) prior to the bankruptcy filing.
So, depending on the nature of the lease, it may or may not be barred.