If a tenant files for bankruptcy during the lease term, is the lease invalidated?

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If a tenant files for bankruptcy during the lease term, is the lease invalidated?

Asked on June 25, 2012 under Bankruptcy Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. It all depends upon what the tenant wishes to do with respect to the lease that he or she has after the filing of bankruptcy protection. Normally, when a tenant files for bankruptcy protection with unpaid rent for months occupied at the rented property, the unpaid rent is normally discharged. However, the bankruptcy court will require the tenant to stay current on future months on the lease's payment if he or she wishes to remain in possession of the rental.


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