QUESTION
What happens if I have a residential tenant whose lease expired 10/9 but filed for chapter 7 on 10/7?
Asked on Oct 31st, 2016 on Bankruptcy - Colorado
More details to this question:
We have not received any rent since the end if lease on 10/9. We are not concerned with the money, we just want our property back.
5 ANSWERS
Since you have notice of the bankruptcy, you may not talk to your tenant about any past-due rent without permission from the bankruptcy court. The court fee is $181 to file the motion. It would be wise to hire a lawyer.
Answered on Dec 01st, 2016 at 4:08 PM
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First of all things: you really should retain a skilled bankruptcy lawyer, who can take the time to gather all the facts you have and research the law. It's almost always worth the investment. That said, if you gave the tenant the proper pay-or-leave notices under the law of your state, you should be able to obtain relief from stay promptly. While even that might not be necessary, it's definitely the safest course.
Answered on Dec 01st, 2016 at 4:07 PM
See a bankruptcy attorney to file a motion to lift stay, or if you can wait another month until the discharge comes in, you can proceed with an eviction once the discharge is entered. There are some strategies to get the discharged entered as soon as possible. BTW, you are entitled to sue for 100% of the rent that became due after 10/8.
Answered on Dec 01st, 2016 at 4:07 PM
Because the tenant filed BK the automatic stay will prevent you from evicting him. You have to go to federal court and ask the judge for relief from the stay. The judge will grant you the relief and then you can file an unlawful detainer to evict the tenant.
Answered on Dec 01st, 2016 at 4:07 PM
You can evict the tenant. Call a few of the large apartment complexes, and ask what attorney handles their evictions. These attorneys do these evictions on a volume basis, and charge less.
Answered on Dec 01st, 2016 at 4:06 PM