I would stop paying rent for two months, and instruct the landlord to use your last months rent and deposit for those rental payments. If he initiates eviction proceedings you have a strong case that you are not failing to pay rent, you are simply reallocating your current resources to ensure you do not lose everything in the pending bankruptcy. Your eviction case will likely even be tied in as a “related matter” and thus will be dealt with at the same time. The simple fact is that you are not going to get this money back. Unless you actively like being hosed out of your hard-earned money, then you need to protect yourself. Additionally, I would start looking for a new place to live. Immediately. You do not want to live under the threat of having to move out in a short period of time through no fault of your own. My friend lost his entire deposit and last-months rent. He was out over $6000. He also had filed a small claims court case, won it, and then the case was summarily discharged in bankruptcy. There was no further recourse. Good luck and, as always, consult a local attorney for solid legal advice and don’t listen to people on the internet.
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