If my landlord is filing Chapter 7, will it effect my lease?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my landlord is filing Chapter 7, will it effect my lease?

It is a business bankruptcy and the rental house is not involved directly. However, he has personal guarantee loans for the business.

Asked on September 23, 2011 under Bankruptcy Law, Alabama

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It may be considered an asset of his bankruptcy estate and therefore, it may impact your lease ultimately. The new federal laws preclude you from being evicted I believe less than 90 days from eviction date but ultimately the best thing to do in your situation is consult with your local or state consumer protection agency about tenant rights and in particular, tenant rights during a bankruptcy. If your landlord is just now beginning the process of bankruptcy and you have not been formally notified as a debtor (i.e., you still owe the money in a legal tenancy), then keep paying your rent and make sure you have proof of payment (pay by check to the landlord so you can track it being deposited). If the trustee eventually takes over to review assets and debts, the trustee may wind up contacting you and requiring you to pay those rental payments directly to the trustee's trust account for the bankruptcy claimant.


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