Can I evict a tenant that has filed for bankruptcy?

UPDATED: May 24, 2012

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Can I evict a tenant that has filed for bankruptcy?

I have a condo that I am renting out since I can’t sell it. The tenant hasn’t paid rent for several month, and when I sent the notice for Demand for Possesion to start the eviction process she sent me a letter stating that she has filed for bankruptcy and will move out at the end of next month. Can I continue with the eviction process even though she has filed for bankruptcy? I don’t trust that she will move out when she says. Also, I want to know if I can keep the security deposit to at least cover some of my losses?

Asked on May 24, 2012 under Bankruptcy Law, Michigan


Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 10 years ago | Contributor

Yes, a bankruptcy petition deals with creditors, which technically a landlord would be considered as, however under the rental/lease agreement, a filing for bankruptcy does not nullify a landlords right to evict a tenant for a failure to pay rent. It may affect your ability to collect past rents if these were discharged through bankruptcy, but it does not affect the eviction process.

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