If my tenants have stopped paying rent because I’ve filed for Chapter 13, are they in default of our rental agreement and am I able to start eviction proceedings?

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If my tenants have stopped paying rent because I’ve filed for Chapter 13, are they in default of our rental agreement and am I able to start eviction proceedings?

Asked on September 9, 2012 under Real Estate Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, they are in breach of lease for nonpayment and you may file for eviction. Your Chapter 13 filing does not deprive them of possession or absolve them of their responsibility to pay rent. IF you do not affirm the secured debt on the premises (the mortgage--assuming there is one) and the bank forecloses, then that could lead to you losing possession, and so being unable to convey it to the tenants--at that time, they may not have to pay rent. But not until and unless that happens.


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