QUESTION
How does my landlord filing for Chapter 13 Bankruptcy affect me?
Asked on Aug 12th, 2012 on Landlord and Tenant Law - New Jersey
More details to this question:
How will it affect me regarding keeping my domicile and return of deposits when moving?
8 ANSWERS
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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The bankruptcy trustee is your landlord. The trustee should keep it separate from landlord assets.
Answered on Aug 15th, 2012 at 3:28 PM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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You may need to be a creditor.
Answered on Aug 15th, 2012 at 3:28 PM
Leonard A. Kaanta
It should not affect as the security deposit belongs to you.
Answered on Aug 15th, 2012 at 3:28 PM
It should not affect you but you will want to monitor the proceedings closely to insure that your tenancy and deposits are properly represented in the Ch 13 action.
Answered on Aug 15th, 2012 at 3:28 PM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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The Chapter 13 should not effect you unless the landlord would want to terminate the lease. The landlord would have to file in the bankruptcy case a request to set aside the lease and you would be notified. You should file a claim for your security deposit. You are a creditor in regard to the security deposit.
Answered on Aug 15th, 2012 at 3:27 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Do you have a written lease? If not get one. Speak with an attorney as well, there are too many variables to give an opinion on the present facts.
Answered on Aug 15th, 2012 at 3:27 PM
Dennis P. Mikko
Once your landlord files for bankruptcy, his affairs will be controlled in part by the bankruptcy court and trustee. If you have a valid lease with your landlord, your rights under the lease should not be affected.
Answered on Aug 15th, 2012 at 3:27 PM
Real Estate Attorney serving Williamstown, NJ
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Law Offices of Slotnick & Schwartz
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In New Jersey it will not affect your lease. It will be up to the mortgage company to deal with your lease if the landlord losses the property. Since it is a Chapter 13 he may be keeping the property for income. If he still has your escrow you are still entitled to it but he may have spent it and listed you as a creditor to wipeout the debt.
Answered on Aug 15th, 2012 at 3:26 PM