My tenant filed bankruptcy back in March and just now notified me (July) via a written note (certified mail) that she wants to move out and break the lease. Does a bankruptcy release her from our lease agreement? She is still living in my property but wants to move out asap. Thanks!
If you were lawfully notified of the bankruptcy then you can check with the trustee to find out what, if anything, happened with your lease. If you weren't properly listed and the lease obligations discharged, then the lease should still be in effect.
Yes, normally filing Chapter 7 releases a Tenant/Debtor from a lease. Tenant should have listed you on Schedule G as a lease holder and you should have received notice of the BK, but Tenant is still not liable - unless this is an asset case meaning the Debtor/Tenant had un-exempt assets that were distributed to creditors, but this is very rare.
You likely have a claim against her for post petition rent, but make sure you speak to an attorney with bankruptcy prior to sending demands to the tenant.
A lease must be disclosed in bankruptcy. If the debt is omitted it might not be discharged. However, if this was a no asset case it is most likely discharged.
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