If my tenant informed me that they’re moving out of my house at the end of the month and I “surrended” the property during bankruptcy proceedings, can I move back in and keep it?

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If my tenant informed me that they’re moving out of my house at the end of the month and I “surrended” the property during bankruptcy proceedings, can I move back in and keep it?

Asked on January 5, 2013 under Bankruptcy Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The fact that the tenant is moving out is irrelevant. If you gave up the property during the bankruptcy proceedings, you no longer have any right to it and may not move back in; if you do, you could be evicted and also potentially face criminal charges (e.g. trespassing) and/or sued.


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