If my landlord has filed for bankruptcy, what can I expect to happen from here?

UPDATED: Sep 17, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 17, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my landlord has filed for bankruptcy, what can I expect to happen from here?

Asked on September 17, 2011 under Real Estate Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Your landlord's bankruptcy filing may or may not affect your right to remain on the premises. Depending on the type (i.e. Chapter) of bankruptcy that was filed, you may end up paying your rent to the bankruptcy trustee or to the court instead of paying directly to your landlord (you will be officially notified of this). However, if there's a written lease and it has a term that states that the tenancy is terminated if the landlord declares bankruptcy, the in such an event your lease would end.  Also, if the property ends up being foreclosed on by up your landlord's mortgage lender that would end your landlord's ownership (at that point you would no longer pay rent to them but to whomever the lender then designated; again you will be officially notified of this). 

In the event of a foreclosure, a tenant has certain protection. If they who have a written lease, then they can continue to occupy the rental until the end of the lease period, or 90 days, whichever is longer. That is unless the new owner intends to move in and occupy the home as their primary residence; in that case a 90 day notice to move would apply.  A tenant with a month-to-month lease, or no lease at all, has to be given at least 90 days notice to move. 

Note: In cases where state/local law provides more protection than the federal law, the state law applies. 

You should consult directly with a landlord-tenant attorney in your area for further explanation of your rights.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption