QUESTION
Isn't her supposed to pay rent on-time for the automatic stay to be in effect?
Asked on Aug 08th, 2013 on Landlord and Tenant Law - Idaho
More details to this question:
My tenant has been making late monthly rent payments however, she doesn't owe anything from back rent. But two days ago (8/6/13) she told me she filed for bankruptcy on 7/9/13 and will not be able to pay on time this month's rent. I had no knowledge she was filing for bankruptcy or received anything from the court. My idea was of starting eviction process this month if she did not pay on time since she is always late on payment each month. Can I start the process of 5-day to pay or quit notice and eventually evict her since this rent period is AFTER she filed for bankruptcy?
4 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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No, there is an automatic stay in effect. You need to get that lifted before you can take any action. You know, if she has been pay the late payment penalty along with the rent, you are doing pretty well. Why would you want to get rid of somebody who is paying, even if it is late? Think about it.
Answered on Aug 16th, 2013 at 1:49 AM
Litigation Attorney serving Bakersfield, CA
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Dessy & Dessy
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The landlord may not take any action against a tenant in bankruptcy, or for that matter, any other person in bankruptcy, unless the landlord gets relief from the automatic stay.
Answered on Aug 16th, 2013 at 1:49 AM
How do you know she filed. If its with the official court notice, I would recommend you not start eviction. If you did not receive any formal notice (I.E. she just told you), there should be no reason not to go ahead. You probably should have legal counsel on this. Also, many of these posts say they are from Wisconsin when they aren't, I am only talking about an eviction in Wisconsin.
Answered on Aug 16th, 2013 at 1:49 AM
Once a Bankruptcy is filed you must seek a court order from the Bankruptcy court itself in order to take any action against the tenant for either collection of rent or eviction. Once a Bankruptcy is filed an automatic stay goes into effect and no action may be taken with a relief of that automatic stay. You can go to the Bankruptcy court and file a Motion for Relief of Stay - Unlawful Detainer. If that motion is granted then you may be able to proceed with an eviction.
Answered on Aug 16th, 2013 at 1:49 AM