Tenant Bankruptcy/Eviction Question

3 Replies

Are you able to proceed with eviction if the following occurs? The tenant signs the lease and is living in the property, the tenant has a partner and two kids documented to be living with the tenant. The partner(girlfriend) files chapter 13 bankruptcy. Does that give this individual any right to stay in the property if she didn't sign a lease contract? The tenant has agreed to vacate the property but the individual who didn't sign doesn't agree to leave.

the Partner is not a party to the lease agreement, so should not affect Anything. I think it also depends on your States landlord tenant laws. How long have you noted she has been there and have you Physically or in writing posted  a legal notice to the resident that they have an unauthorized occupant living in the property? She could try and claim occupancy by having a utility in her name, mail coming there etc... I would speak with a landlord attorney to figure out your options 

The tenant filed bankruptcy on Jan 24. I filed a motion for relief of automatic stay. The tenants hearing was today but I didn't make it to bankruptcy court in time. I showed up late and the tenants lawyer stated he would send me a proposed consent order to state that the tenant must pay rent on time this month and going forward or the landlord can move forward with the eviction process.
The tenant failed to pay rent today that was due by the end of the day.
Would I be able to proceed with filing for eviction since the rent is now past due and since it's rent due post filing for bankruptcy?

@William Butler lesson learned. Never allow tenant to move other people in unless they are screened, approved by you, and on the lease.

I would file for eviction. Just knowing you're taking action may be enough to scare her off and save you the court action.

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