QUESTION
How do we get the tenants out and are we responsible for the lot rent after we filed for bankruptcy?
Asked on Jun 06th, 2014 on Bankruptcy - Florida
More details to this question:
I have a mobile home that I rent out on a rented lot. The people that are living in the home have a month to month lease. Recently, the roof leaked during a storm and we had the roof fixed but there was water damage on the ceiling in which we called the insurance company to report the claim. The tenants have not paid the rent for 2 months because of this problem. We have decided to file for bankruptcy and let the home go into foreclosure.
3 ANSWERS
Bankruptcy & Debt Attorney serving St. Augustine, FL
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St. Johns Law Group
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The bankruptcy trustee may still own the right to collect the rent, so you may need to speak with your bankruptcy attorney right away. If you do not have one, you need to consult with one immediately. Otherwise, you will need to evict your tenant for non-payment of rent. You will first need to post a three day notice of intent to pay rent. If the tenants do not comply after three (3) days then will need to file for eviction with your local courthouse. With regard to the lot rent, you may be still be responsible for it depending on whether or not you assumed or rejected your lease for it.
Answered on Jun 10th, 2014 at 7:13 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You get the tenants out by filing an eviction. You are not responsible for the lot rent after you file bankruptcy.
Answered on Jun 10th, 2014 at 7:13 PM
Erik Brito Espinosa
You may evict the tenants, but if you file for bankruptcy the bankruptcy trustee should be made aware and may take whatever actions necessary.
Answered on Jun 10th, 2014 at 12:19 PM