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So, I just recently served my tenant his 5 day or Quit notice, then the very next day, I got an email from his attorney saying that he has filed for BK. I checked, and he's doing a ch. 7, their is a case # and everything.
When I ask if his client (My tenant) is planning on assuming or relieving his lease, the attorney says that he has rejected the lease and will move out by the end of July within the 30 day stay period.
From what I've researched so far is that I should file to lift the automatic stay, which will take me 30 days or so to even get a court hearing. If I don't file the motion, it is possible for the attorney to file to extend the automatic stay and have my tenant live there even longer.
Also, my lease "contract" clearly states that if my tenant terminates his lease early, that he will surrender all deposits made to the landlord. The letter I got from his attorney says that he expects his security deposit back less repair cost. Does a BK void all contracts or something?
Have you guys had any similar situations?
Thanks in advance.
Seriouisly, this is just plain screwed up. The landlord has to pay $2000 to get $1000.
Reminds me of the time I was ordered to pay child support and the ex left the state and the child with me. I had to hire an attorney to stop the paypments........(I ultimately researched it myself what needed to be done)
Our court systems stink. The avereage person can't make a move without paying through the nose.
And, thanks for reminding me about a letter long overdue to the Clerk of the Court.......it seems the only words one employee knows to be helpful, "hire an attorney." I think I figured out why, too. Because if I didn't, she may have to type too much.
What state do you live in? You should follow up with an attorney. But in CA depending on what county you live in the eviction process will take some time and it doesn't matter if the person filed for bankruptcy. In GA it doesn't matter if the tenant filed bankruptcy you can evict the tenant in less than a week, it is a very simple process.
So, I just recently served my tenant his 5 day or Quit notice, then the very next day, I got an email from his attorney saying that he has filed for BK. I checked, and he's doing a ch. 7, their is a case # and everything.
When I ask if his client (My tenant) is planning on assuming or relieving his lease, the attorney says that he has rejected the lease and will move out by the end of July within the 30 day stay period.
From what I've researched so far is that I should file to lift the automatic stay, which will take me 30 days or so to even get a court hearing. If I don't file the motion, it is possible for the attorney to file to extend the automatic stay and have my tenant live there even longer.
Also, my lease "contract" clearly states that if my tenant terminates his lease early, that he will surrender all deposits made to the landlord. The letter I got from his attorney says that he expects his security deposit back less repair cost. Does a BK void all contracts or something?
Have you guys had any similar situations?
Thanks in advance.
In my state, that clause would be deemed invalid regardless of the bankruptcy.
Same here- that clause is a 'no go' in my state as well. Better bone up on your state's Landlord/Tenant laws, OP .... you're gonna run afoul of a rule if you don't. They're usually very specific vis-a-vis damage deposits, normal wear and tear, strict time limits for notices to tenants, etc. etc.
Personally I would spend a few bucks and get the advice of an attorney with renting experience. Don't let the other attorney just dictate what you should do.
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