All Forum Posts by: James Qiu

Ok, here what I figured out by talking with my attorney.
1. If he files for BK and include me as creditor, there's an automatic stay of at least 8 wks which means I can't evict him during this time.
2. Since they're not married, the fiancee can possibly leave if they ever get into a fight, and she can go any where. The one with the bad credit+BK is the one I have to deal with.
3. It doesn't matter who is on the lease, when it comes to eviction, both must be served and evicted, so the BK will stop that.
4. Eviction involving BK costs thousands of $$$.

So in conclusion, stay away.

Thanks for all the great advice. Sounds like too much trouble and too many unknowns for what's worth. The down side could be huge. I guess I will stay with safer choices. Thanks.

I'm pretty new to the rental business.

I have someone interested in my condo, but his credit is really bad,
and he is about to file bankruptcy to start fresh. His fiancee who
will be co-leasing and cosigning has great credit. He is willing to
put down a 2-mon deposit plus a huge pet deposit to easy my fear. My question is that if he files for bankruptcy while living in my rental, how it affects me as the landlord. If he stops paying rent while in bankruptcy proceeding, can I evict him?

BTW, this is in California.