What to do if my landlord is filing for bankruptcy?

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What to do if my landlord is filing for bankruptcy?

I am renting an apartment inside of a house. It has been brought to my attention that the landlord has filed for bankruptcy and has not payed the mortgage in 9 months. I have been paying my rent on time every month and it has also been brought to my attention that the landlord has been using my rent for other things. What am I to do in this situation?

Asked on December 1, 2012 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to keep paying your rent and keep honoring any other lease restrictions or obligations. The lease is a contract between you and the landlord: it's validity and enforceability does NOT depend on what the landlord does with his money, including whether he pays his mortgage. If and when the property is foreclosed upon or turned over to the bank, then he will no longer be your landlord and you will not have to pay him--but until that happens, you do.


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