How Bankruptcy Impacts Rental Housing and Future Leasing in Florida

How Bankruptcy Impacts Rental Housing and Future Leasing in Florida

Renting After Bankruptcy: What Florida Tenants Should Know

For many Florida residents, filing for bankruptcy brings much-needed relief — but also questions about life after discharge. One common concern is how bankruptcy affects your ability to rent an apartment or renew a lease.

While bankruptcy will appear on your credit report for up to 10 years, it doesn’t automatically disqualify you from renting again. Here’s how to prepare and protect yourself when navigating housing after a bankruptcy filing.


1. How Landlords View Bankruptcy

Most landlords check credit reports during the application process. When they see a bankruptcy:

  • Some may ask for a larger security deposit or co-signer.

  • Others focus more on your current income and payment history than your past filings.

  • Corporate property managers are often stricter than independent landlords, who may consider your explanation.

Having a letter prepared that briefly explains your situation — and demonstrates financial recovery — can make a strong impression.


2. Renewing an Existing Lease

If you filed for bankruptcy while already renting, you can usually keep your lease active as long as you stay current on rent.
Under federal law, landlords cannot evict solely because of your bankruptcy filing — only for nonpayment or lease violations. Chapter 13 filers often continue their lease uninterrupted.


3. Renting After Chapter 7 vs Chapter 13

  • Chapter 7: You’ll receive a quicker discharge but may face a short-term credit dip.

  • Chapter 13: The repayment plan demonstrates ongoing responsibility, which can actually improve your credibility over time.

In both cases, landlords mainly want proof of stable income and responsible post-bankruptcy budgeting.


4. Tips for Finding Housing After Bankruptcy

  • Check your credit report for errors before applying.

  • Offer recent bank statements or pay stubs to show financial stability.

  • Provide personal references from prior landlords.

  • Apply to smaller complexes or private landlords who review applicants individually.

Many Miami tenants secure housing within months of discharge — especially when they show consistent employment and prompt bill payments.


5. How an Attorney Can Help

Your bankruptcy attorney can:

  • Advise on lease assumptions or rejections in Chapter 7/13 filings.

  • Clarify your rights against housing discrimination.

  • Help time your filing to avoid disruptions in housing arrangements.

Bankruptcy offers a fresh start — and that includes your living situation. With preparation and the right strategy, you can rebuild your credit and rent confidently again.

If you’re worried about how bankruptcy might affect your current or future housing, contact The Law Offices of James Schwitalla, P.A. for a confidential consultation.

About Us

Miami Bankruptcy serves clients throughout the Miami and Miami-Dade County area, South Florida and the Florida Keys, including Kendall, Westchester, Sweetwater, Pinecrest, Palmetto Bay, Cutler Bay, Homestead, Florida City, Cutler Ridge, Richmond Heights, Key Largo, Marathon, Islamorada, Big Pine Key, Key West, Tavernier and Plantation.

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