I just received a 24 hour eviction what can I do, does the automatic stay not apply on rentals
Yes the stay applies. Your landlord needs to have filed a motion to lift the stay. If that has not happened, they are committing a stay violation. Notify your attorney if you have one.
All Chapters of the Code impose an “automatic stay” of all collection and enforcement proceedings. The stay prevents eviction proceedings or other action–either for possession or for money damages–without first receiving the bankruptcy court’s permission. Early in the process, the Code gives the debtor certain benefits, including the option to reject or assume unexpired leases.
However, the automatic stay shall automatically cease 30 days following the bankruptcy filing date to permit landlords to continue any eviction, unlawful detainer action or similar proceeding against a debtor-tenant where the landlord has obtained a judgment for possession against the debtor-tenant prior to the bankruptcy filing.
There is an exception provided for the Landlord in the Code. The automatic stay does not apply to eviction actions based on endangerment of the property or the illegal use of controlled substances on the property. Hope this helps and good luck.
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