Received Noticed of Chapter 7 Bankruptcy Case For Tenant

Received Noticed of Chapter 7 Bankruptcy Case For Tenant

Investor · Northern Virginia · Member since 2021 · 9 posts · 2 votes

I have a question regarding tenant's bankruptcy. I received a noticed from the US Bankruptcy Court that one of my tenants file for bankruptcy on the 1s of this month. Prior to this, he had told me that he was going to be late on rent due to something else, well, he finally paid the full rent and late fee on July 12th, but I am not sure what should I do next. I read the contract and we have the following section on bankruptcy. 

31. BANKRUPTCY. Subject to the requirements of the Bankruptcy Code, in the event the Tenant is adjudicated as bankrupt, (or makes an assignment for the benefit of creditors), this Lease, at the option of the Landlord, shall terminate upon 30 days written notice and the Dwelling Unit shall be surrendered to the Landlord, who reserves the right to repossess the Dwelling Unit subject to the applicable provisions of law.

Should I follow the steps on the contract? Should I continue renting to him since he is paying? Or should I talk to him and ask for additional security deposit since we received the bankruptcy letter? Not sure which option to take. To be honest, when we received the bankruptcy letter I thought about sending him a letter to let him know that he had to surrender the property, because I thought he was not going to pay, so when he paid the full month and late fee, this kind of threw me off, not sure how to proceed.

Much appreciate the help from this forum

0Reply
26 views

2 Replies

Jump to latestLatest
  • Benjamin AakerPro Member
    Rental Property Investor · Brandon, SD · Member since 2015 · 1k+ posts · 1k+ votes
    2y
    Start by trying to keep it civil. Your tenant is under some distress and you have the opportunity to deal with this situation in a kind way. Simply having a bankruptcy in the past doesn't mean that the tenant won't pay the rent. It would seem that you have the option, but not the duty, to terminate the lease due to the bankruptcy, but I'm not sure why you would want to remove a paying tenant. Even one who was late this month. You should consider having a sit down with the tenant and discuss whether they will be able to pay on time. Your lease should have a clause about terminating the lease if they don't pay the rent on time anyway. It seems like you might be removing a paying customer simply due to a bankruptcy.
  • Real Estate Agent · Midlothian, VA · Member since 2016 · 39 posts · 19 votes
    2y

    In my opinion, talking with the tenants is always the first and best course of action. In my experience with distressed tenants, their housing costs are always their first priority, and one in which they have the most pride in maintaining. If treated kindly and with respect, they will usually be honest and vulnerable about what they are going through and how they might be able to either salvage the situation or walk away with dignity. 

    Either way, it's a hard position to be in as a landlord, and I wish you all the best in the world in having the hard conversations. I would love to hear how this turned out.

Join the conversationCreate a free account to reply, vote on answers and follow this thread.