Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 16%
$32.50 /mo
$390 billed annualy
MONTHLY
$39 /mo
billed monthly
7 day free trial. Cancel anytime
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated about 1 year ago on . Most recent reply

User Stats

15
Posts
2
Votes
Mohan Deep
2
Votes |
15
Posts

Tenant moved out, filed for bankruptcy

Mohan Deep
Posted

My tenant moved out but left a lot of damage to the property. After they moved out, they texted me saying that they filed for Chapter 13 bankruptcy and that I should contact their lawyer. They gave me the lawyer's phone number to call. After talking to a legal analyst at the lawyers office, she indicated that I cannot communicate with my ex-tenant. I have not received any official notification from anyone, yet and the tenant is non-communicative. I have their security deposit but the damages are 3x the security deposit. The property is based in Milwaukee, WI. I saw a lot of threads that talk about tenants filing for bankruptcy while staying in the property but this is a slightly different situation. 

My specific questions are:

1. Am I still required to send a security deposit statement showing the amount they owe to me? 

2. Is there any hope for me to ever recoup my loss? 

3. What are my responsibilities and duties as a landlord in this case? 

Appreciate your input. 

Most Popular Reply

User Stats

12,571
Posts
15,336
Votes
John Underwood
#1 Short-Term & Vacation Rental Discussions Contributor
  • Investor
  • Greer, SC
15,336
Votes |
12,571
Posts
John Underwood
#1 Short-Term & Vacation Rental Discussions Contributor
  • Investor
  • Greer, SC
Replied

The attorney can't tell you to skip your legal obligation.

I'd send the statement to the tenant certified mail. You could send a copy to their attorney. 

You might be able to file a statement of damage and what is owed with the bankruptcy court. Then I would move on and not expect anything in way of restitution.

Count your blessings this person voluntarily left your property. 

  • John Underwood
  • Loading replies...