What Happens When One Tenant Files for Bankruptcy?

What Happens When One Tenant Files for Bankruptcy?

Member since 2022 · 58 posts · 10 votes

Hi,

I’m considering renting to a family that filed for bankruptcy several years ago, but I’m concerned they might file again. If three adults in the household sign the lease and one of them files for bankruptcy, would that allow them to avoid paying rent for three to five months?

Thank you. 

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Investor · Get yourself trained before doing something inadvisable. · Member since 2024 · 3k+ posts · 1k+ votes
1y
Quote from @Kevin Kim:

Hi,

I’m considering renting to a family that filed for bankruptcy several years ago, but I’m concerned they might file again. If three adults in the household sign the lease and one of them files for bankruptcy, would that allow them to avoid paying rent for three to five months?

Thank you. 

.

Bankruptcy is very misunderstood.  There are two kinds of bankruptcy individuals can file.

Chapter 7 is where debts are wiped away.

If someone files chapter 7, they have to wait another 7 years to file again.

Chapter 13 is where debts are re-organized and paid back over time in monthly payments
.

If someone has filed either chapter 7 or chapter 13 previously, they are less risk than someone who has never filed. Their debts have either been wiped away or dealt with through a payment plan. They probably actually have less debt than most other people, so it is easier for them to make rent payments.

The vast majority of bankruptcies are medically related.

They have been "through the system" and they don't want to go through that again. It's very intrusive. They will do what they have to, to get their rent paid.

As long as someone has a good, solid, verifiable income, I wouldn't hesitate renting to them. 

Same as if someone who has never filed, as long as they have a good, solid, verifiable income, I wouldn't hesitate renting to them.

I believe it is against the law to discriminate based on a previous bankruptcy filing. 

Now, if they are currently a renter, and they file either chapter 7 or chapter 13, you must hire an attorney to protect your interests in a bankruptcy proceeding. Do not evict, do not try to collect past unpaid debt, do not hassle. The "stay" granted in a bankruptcy is "absolute". You can get into a lot of trouble violating the automatic stay. Hire an attorney for sure. A renter does have to stay current on every payment after they file though, or you can evict with a court order.

There is much more, but for purposes of renting to someone who has filed in the past, not a problem if they have good income.

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  • Investor · Get yourself trained before doing something inadvisable. · Member since 2024 · 3k+ posts · 1k+ votes
    1y
    Quote from @Kevin Kim:

    Hi,

    I’m considering renting to a family that filed for bankruptcy several years ago, but I’m concerned they might file again. If three adults in the household sign the lease and one of them files for bankruptcy, would that allow them to avoid paying rent for three to five months?

    Thank you. 

    .

    Bankruptcy is very misunderstood.  There are two kinds of bankruptcy individuals can file.

    Chapter 7 is where debts are wiped away.

    If someone files chapter 7, they have to wait another 7 years to file again.

    Chapter 13 is where debts are re-organized and paid back over time in monthly payments
    .

    If someone has filed either chapter 7 or chapter 13 previously, they are less risk than someone who has never filed. Their debts have either been wiped away or dealt with through a payment plan. They probably actually have less debt than most other people, so it is easier for them to make rent payments.

    The vast majority of bankruptcies are medically related.

    They have been "through the system" and they don't want to go through that again. It's very intrusive. They will do what they have to, to get their rent paid.

    As long as someone has a good, solid, verifiable income, I wouldn't hesitate renting to them. 

    Same as if someone who has never filed, as long as they have a good, solid, verifiable income, I wouldn't hesitate renting to them.

    I believe it is against the law to discriminate based on a previous bankruptcy filing. 

    Now, if they are currently a renter, and they file either chapter 7 or chapter 13, you must hire an attorney to protect your interests in a bankruptcy proceeding. Do not evict, do not try to collect past unpaid debt, do not hassle. The "stay" granted in a bankruptcy is "absolute". You can get into a lot of trouble violating the automatic stay. Hire an attorney for sure. A renter does have to stay current on every payment after they file though, or you can evict with a court order.

    There is much more, but for purposes of renting to someone who has filed in the past, not a problem if they have good income.

  • Member since 2022 · 58 posts · 10 votes
    1y

    Thank you for your reply.

    I found the collections history from another family member. They mentioned that the family member began debt consolidation 20 months ago, the way debt consolidation works the company lets it go into collections

    I am concerned that if the person files for bankruptcy.

    Even just one of 3 family member file a bankruptcy 7, can they stay 3 to 5 months without paying rent?

    Also, is there a clause I can add to the lease to protect us from potential bankruptcy?

  • Investor · Get yourself trained before doing something inadvisable. · Member since 2024 · 3k+ posts · 1k+ votes
    1y
    Quote from @Kevin Kim:

    Thank you for your reply.

    I found the collections history from another family member. They mentioned that the family member began debt consolidation 20 months ago, the way debt consolidation works the company lets it go into collections

    I am concerned that if the person files for bankruptcy.

    Even just one of 3 family member file a bankruptcy 7, can they stay 3 to 5 months without paying rent?

    Also, is there a clause I can add to the lease to protect us from potential bankruptcy?

    "debt consolidation 20 months ago" is very different than bankruptcy. They still owe the debt and it should treated as though they do.

    I would probably, say "thank you, but our renting guidelines don't allow for that big of a debt load to be approved." That's me, I would move onto the next applicant.

    Filing bankruptcy only protects those who file. They do not protect family members, friends, relatives or pets. :-)

    You can include any paperwork that legally prevents someone from filing bankruptcy. It's their legal right, that can't be infringed upon by you. You would need a court order from the bankruptcy court. The court would not grant that, unless there has been provable, recent abuse of the bankruptcy process by that individual.


  • Member since 2022 · 58 posts · 10 votes
    1y

    Thank you for the answer again. 

    So, unless all lease singers file for bankruptcy, they can’t stay for three to five months without paying rent, right?

  • Investor · Get yourself trained before doing something inadvisable. · Member since 2024 · 3k+ posts · 1k+ votes
    1y
    Quote from @Kevin Kim:

    Thank you for the answer again. 

    So, unless all lease singers file for bankruptcy, they can’t stay for three to five months without paying rent, right?

    Correct. But even if they file, they have to make all payments afterwards or can be evicted.
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