How can I get a tenant out of my property and be within the law?

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How can I get a tenant out of my property and be within the law?

I purchased a building and the previous owner gave her tenant a 30 day notice which came over into the date of my purchase. Now the tenant has filed bankrutpcy and has not paid me as the new landlord anything for this month since she was to be out mid-month. What can I do because she feels she can be rent free?

Asked on December 20, 2011 under Real Estate Law, Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. I suggest that you retain a bankruptcy attorney to deal with the tenant in possession of the rental that you have to see what can be done to get relief from the automatic stay provision in effect as to her from any future state civil action. Until that is done, you cannot institute any civil proceeding against this prior tenant.

I would also read your purchase agreement to see if there is any recourse that you may have against the prior owner of the unit if the tenant fails to move out on a timely basis.


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