Florida landlord tenant law, tenants' rights when landlord files bankruptcy

Asked almost 6 years ago - Spring Hill, FL

I have rented a home from my landlord for the last year and was just entering the second year lease which is in full effect when the landlord tells me he filed chapter 7 and I should move out and use my last months rent and security payment for these next two months and not pay him rent. My wife is 4 months pregnant after trying for ten years and having several miscarraiages, we do not want to leave the home and don't feel we should have to because our lease does not end until 11-26-09. Is there a stay we can file with the bankruptcy court and are we entitled to get our deposits back if we cannot stay the next year? Any information would be appreciated.

Attorney answers (1)

  1. Lisa Renee Wilcox

    Pro

    Contributor Level 8

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    Answered . I would first contact the attorney that is handling your landlord's bankruptcy and discuss with them if you have any options. I would also request the bankruptcy case number and the name and number for the bankruptcy trustee. You likely have a claim as a creditor in the bankruptcy that should have been filed with the bankruptcy court. Negotiating with the trustee will be your best chance of getting this resolved in your favor.

    LISA R. WILCOX, ESQ.
    WILCOX LAW, P.A.
    735 Arlington Ave. N.
    Suite 213
    St. Petersburg, Florida 33701
    Main (727) 821-1707

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