QUESTION
Is the tenant able to stay in the house for free due to bankruptcy?
Asked on Apr 04th, 2013 on Bankruptcy - Colorado
More details to this question:
My father is renting a property and due to delinquent payments from the tenant, he has now filed for eviction proceedings. He wanted to start showing the property to prospective new tenants prior to the eviction, however, the tenant has now said they have filed for bankruptcy and states that for this reason they can stay living in the rental property.
9 ANSWERS
Unfortunately, you will have to file a mtion for relief from stay-unlawful detainer to get the rental property back from the tenants.
Answered on Apr 16th, 2013 at 12:26 AM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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Your dad may need to file a motion to lift the automatic stay that accompanies a bankruptcy filing. Rent doesn't become free at your landlord's expense just because you file bankruptcy. Your dad needs a lawyer.
Answered on Apr 05th, 2013 at 2:44 PM
Complex Litigation Attorney serving Costa Mesa, CA
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Thomas Vogele & Associates, APC
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It depends whether your father served the tenant with a three-day notice to quit before the tenant filed for bankruptcy or after. If before, the tenant's bankruptcy should not impact your father's ability to evict them because the lease was terminated by the notice. He needs to file a motion for relief of stay to allow the eviction to go forward. He can get these forms off the Court's website and file them. The Court will set a hearing date but almost always grants them without delay.
Answered on Apr 05th, 2013 at 11:46 AM
In order for your father to proceed with an eviction, he will need to apply to have the bankruptcy stay lifted or wait until the bankruptcy is discharged. If he wants to take legal action now, he should contact an attorney specializing in bankruptcy creditors representation.
Answered on Apr 05th, 2013 at 11:07 AM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Your father needs to talk to a good creditor bankruptcy attorney. Most likely he needs to file a motion for relief from the automatic stay. I know this is very frustrating for your father, but the bankruptcy stay is very powerful. Do not make a demand on the tenant for rents, there can be a huge fine.
Answered on Apr 05th, 2013 at 11:07 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Have his lawyer file a motion to vacate the automatic stay before he does anything in state court. After vacating the stay, then move in state court and no he can not stay rent free, but he can NOT collect pre-petition rent that was not paid. This is a New Jersey based law answer.
Answered on Apr 05th, 2013 at 9:56 AM
Bankruptcy Attorney serving Walnut Creek, CA
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Alan E. Ramos Law Offices
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You must file a motion for relief from the automatic stay to pursue the eviction process.
Answered on Apr 05th, 2013 at 9:56 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney. He should still be able to evict them but his past due rent is at risk.
Answered on Apr 05th, 2013 at 3:34 AM
Deborah F. Bowinski
Your father should speak with a creditor's rights or bankruptcy attorney. Why would he rely on what his deadbeat tenants tell him?
Answered on Apr 05th, 2013 at 3:16 AM