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Updated about 2 hours ago on . Most recent reply

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Kali V.
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A tenant prospect with active Chapter 13

Kali V.
Posted

My tenant prospect has a good income above 100k working fulltime (verified) and background check looks good, however she has an active Chapter 13 with local court. She was upfront disclosing her pending Chap 13 and staying with a family member more than couple of years and want to rent her own with her kids. She provided recent pay stubs, and balances for steady direct deposits. She is also willing to pay 2 months security deposit and makes 3 times rent amount.

I was in no luck finding any details on what should we do as a landlord perspective to make sure leasing to her doesn't comeback and end up as a mistake.I requested her to provide a court approval letter for payment plan for entering into the new lease. Her Attorney sent a note this morning - Approval from the bankruptcy court is generally not required for a debtor to enter into a residential lease. I called the trustee office with the court where her case was pending, the clerk has mentioned there is no court requirement to disclose to enter into a lease. 

I am reaching out to find out if anyone come across a situation like this and what would you suggest ? Is there any clause we can add into the lease to protect the landlord ? Do I have to reach an attorney to seek legal advise before accepting the deposit ?

warning flags - 1) Can not validate her prior residency because she was staying with a family member for more than 2 years 2) Didn't request or ask for a tour.

Looking forward to your advise.

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