The Short Answer
Yes, you can get a new apartment lease during or after bankruptcy — it just takes more patience and preparation than usual. Some landlords will require a higher security deposit or a co-signer, while others — particularly individual landlords or smaller complexes — may not run a credit check at all. Your best strategy is to be upfront about your bankruptcy filing before the landlord pulls your credit, so there are no surprises. If you know you'll need to move soon, signing a lease before you file can also help you avoid the bankruptcy appearing on a credit check altogether.
You sure can! It may be a bit more difficult to find a place that will rent to you than it otherwise would be, but be patient. Depending on the rental agency, you may be required to pay a higher security deposit or even be required to have a co-signer. It really depends on the rental agency.
There is a chance that you may have to apply to several places before you find one that works. When applying, be up front with the apartment complex or rental agency about the fact that you filed bankruptcy. This will help because then it will not be a surprise to them when they go to check your credit. You may want to try smaller complexes or even rentals from individuals. They may be more willing to accept you even though you filed bankruptcy. They may not even check your credit, but that is up to them. Larger rental agencies are often required to do credit checks so you will find that it is common practice for large apartment complexes to do credit checks before they let you rent.
You may want to ask if you qualify for a short-term lease, maybe six months or so. This could provide you the opportunity to prove you are able to make the rent payments each month. After that period, they may be able and willing to provide you with a longer lease. The ability to prove you have a steady income and are able to make the payments will hopefully indicate that you will be able to afford the rent.
If you have rented before, make sure to point out your good rental history. Be prepared that they may want to verify this so be sure you are truthful. Additionally, take the time to shop around. It may take some time to find the right place but be sure you do not settle for just anything. Even if you have filed bankruptcy that does not mean that you can only rent substandard housing. Be patient and shop around and hopefully you will find the right place for you.
If you suspect that you will have difficulty being approved to rent after your bankruptcy filing, you may want to go ahead and sign up for a lease prior to the filing of your bankruptcy petition. This would really apply to those who are surrendering their home in their bankruptcy and are certain they will need to find a new place to live. By signing a rental lease prior to filing your bankruptcy, you are avoiding the bankruptcy showing up on your credit report when the apartment complex checks your credit.
The good news, though, is that you do have options regarding finding a place to rent after bankruptcy, and you will be able to find the right place for you and your family. Be patient, do your research, and keep your mind open to all options.
Key Takeaways
- Smaller landlords and individual property owners are often more flexible than large apartment complexes and may not require a formal credit check.
- Being upfront about your bankruptcy before a credit check is run builds trust and prevents it from looking like you were hiding something.
- Asking for a short-term lease — around six months — gives you a chance to prove you can make payments on time before committing to a longer term.
- A strong rental history is one of your most powerful tools; bring references and be prepared for the landlord to verify them.
- If you know you'll be surrendering your home in bankruptcy and will need to rent, signing a lease before you file can work in your favor.
- Filing bankruptcy does not mean you are limited to substandard housing — take your time and don't settle for a place that doesn't work for you.
Attorney Insight
The clients who struggle most with renting after bankruptcy are the ones who try to hide the filing and get caught off guard when a credit check surfaces it — that moment of apparent dishonesty kills the application faster than the bankruptcy itself. What actually works is leading with it: walk in, acknowledge the filing, and immediately point to your rental history and current income. In nearly 30 years of practice, I've seen clients in active Chapter 13 cases land solid apartments by doing exactly that. The landlord isn't always looking for a perfect credit score — they're looking for someone who will pay reliably and be straight with them.
