What to do if we had a tenant move out that didn’t pay the last 2 months of rent?

We were planning on taking her to court but haven’t done it yet. Now we just got a letter from her about her declaring bankruptcy. Can we be included in that if we haven’t filed anything yet?

Asked on September 29, 2014 under Real Estate Law, Illinois

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you are listed as a creditor on the tenant's bankruptcy, you will receive notice from the bankruptcy court when the bankruptcy is filed.  When you receive that notice from the court, you won't be able to proceed with your lawsuit against the tenant.

Since you haven't received the official notice from the bankruptcy court, there may be some delay in the tenant filing the bankruptcy since all she sent you was a letter.  Until you receive the official notice from the bankruptcy court, you can proceed with your lawsuit for the unpaid rent.  Landlord / tenant matters are handled expeditiously by the courts.


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