If I have reasonable grounds to request the city building inspector come, do I risk the tenant using this against me in the bankruptcy process?

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If I have reasonable grounds to request the city building inspector come, do I risk the tenant using this against me in the bankruptcy process?

I’m a commercial landlord currently eviting a tenant who is no longer under lease and is not paying rent properly. The tenant is not meeting our verbal agreements about making step by step moves to vacate the property (it is a dry cleaner). Although they have not said to me that they are filing bankruptcy, this is my concern. I have reasonable grounds to request the city building inspector come. If I do so, do I risk the tenant using this against me in the bankruptcy process? Perhaps suggesting that the landlord is harrassing them?

Asked on May 9, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have a legitimate reason for having the city building inspector to inspect your commercial business, such inspection will have no bearing if your tenant files for bankrupty protection or not and will not be able to be used against you in any bankruptcy proceeding.

You need to remember that a bankruptcy proceeding is designed to allow a debtor the opportunity to discharge his or her debt or at least reorganize the monthly payments owed to creditors. The inspection assuming the inspector writes up a realistic assessment of the building should have no bearing concerning any claims of harassment.

 


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