How can I evict a tenant that has filed for bankruptcy?
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How can I evict a tenant that has filed for bankruptcy?
I have a month-to-month tenant that has not been a good renter and was going to give a 30 days notice. I received Chapter 7 papers and I am aware this complicates the situation. I read that I have to plea with the courts that I do not wish to renew their lease and then seek motion to lift stay and then do the eviction if necessary. Can I personally write the letter to the courts stating I do not wish to renew their lease?
Asked on April 29, 2011 under Bankruptcy Law, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Bankruptcy can slow down the eviction process, but it cannot stop it. The way it works is a follows: If a landlord sued their tenant for eviction and won a judgment for possession before the tenant filed for bankruptcy then they can proceed to evict the tenant; if a landlord has not won a judgment for eviction before their tenant files for bankruptcy the landlord cannot deliver a termination notice. In the later situation, this is because of what is known the "automatic stay." However, a landlord can go to the bankruptcy court and ask the judge to "lift" (i.e. remove) the automatic stay so that they can proceed with the eviction (in most cases the stay is lifted within a matter of days).
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