Does a tenant’s bankruptcy prevent my evicting them with a 60 day notice?
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Does a tenant’s bankruptcy prevent my evicting them with a 60 day notice?
The tenant had a lease/option to buy for 1 year and was divorcing, unable to buy. The lease ran out and it went to month to month. The tenant filed for bankruptcy. I, now 2 years later, want to move into the house and gave them a 60 day notice to vacate. Is it enforceable?
Asked on May 16, 2012 under Real Estate Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
One thing you left out here is if the bankruptcy stay has been lifted and the bankrupt individual has been discharged. Beause if there is no stay and the bankruptcy discharged there is no "lease" left (they were a month to month lease and that is considered a valid agreement) and then all you have to d is give one month's notice to ask them to leave. You were even nicer and gave them two month's notice. Good luck.
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