Do I have any rights as a tenant whose landlord is in foreclosure and bankruptcy

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1. 

   Michele Peters

   New York Real Estate Attorney

   Contributor Level 7

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   Answered January 26, 2009 15:56. Please speak with a bankruptcy attorney in your State to determine if there are State Laws being followed in addition to the Federal Laws which govern all bankruptcy proceedings. I am an attorney in NY and NJ.
   
   There is a case that the courts have relied upon to justify a renter's ability to remain in the premises once a landlord has filed bankruptcy: In re Haskell, L.P., 321 B.R. 1 (Bankr.D.Mass. 2005), [11 U.S.C. 365(h)(1)(A)(ii)] which held that the renter maintains all rights under the lease when a landlord files a bankruptcy case. The landlord and the landlord’s bankruptcy trustee, cannot interfere with the use, possession, or quiet enjoyment of the apartment or premises. All payments due and the timing of the payments remain the same. The tenant keeps all existing rights of renewal and extension.
   Please keep in mind that the case was in regards to a commercial lease.
   Saying all of that, the bankruptcy courts especially in regards to residential housing, have been adament that banks accept renter's payments toward delinquent loans so that the tenant does not lose their home. I am quite sure that would be pursued on your behalf; however, you should seek counsel.
   Collect all of your rental receipts and see a bankruptcy lawyer who will advise you as to the next steps you should follow.
   I hope this is helpful.
   Best wishes,
   Michele A. Peters

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