Landlord Question and Answer Forum

Here is the sequence of events. 1. Signed lease with Mr Aole on August 15th , not collected deposit or rent (I know, I know...) , deposit is 2400, rent is 1600 2. Tenant kept giving excuses. 3. Tenant finally paid $1500 towards first months rent (I assumed that since I gave him a 100$ break for carpet cleaning) 4. Its October 15th today and that is all the money I have gotten from him, no security deposit and no rent. 5. I filed for eviction and got a date for October 15th in L/T court 6. Tenant filed for bankruptcy on October 13th 7. His rent is due on October 15th, if he does not pay in 5 days, there is a late fee. My questions are 1. What are my options here if he doesn't pay rent post bankruptcy ? 2. How do I fill a petition for lift automatic stay in bankruptcy court and what would be a good reason for that ? My assumption is I can file it on the 21st saying no rent was received post bankruptcy ? Is that a good reason to lift the automatic stay ? 3. Can I do this myself or would I need a lawyer, he does have a bankruptcy lawyer. 4 What else should I be thinking about ?

Communication is key and get your attorney ready. It sounds like you will be the one loosing out here entirely. You do want to evict this tenant as soon as possible and get it rented by a paying tenant. A lawyer is going to be the most helpful here and will be able to lead you through all processes.

Posted by Richard W, PA on Wednesday, October 15, 2014

I would immediately file an unlawful detainer and get the guy out of my house. Probably no point in going after him for money he owes--you probably won't get anything anyways.

Posted by John B, MN on Thursday, October 16, 2014