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Tenant filed Chapter 13 listing Landlord as creditor have partially removed possessions. What are Landlord rights?

Marietta, GA |

Our tenant has filed Chapter 13 listing us as creditors and owe several months past due rent. They began removing possessions 10 days after they filed the bankruptcy. Power has been shut off for non-payment, beds, some clothing, refrigerator, and sofa have been removed but nothing else, not even food or dishes. What are our rights re: their possessions? Lease has abandonment clause if tenant begans to move and still owes rent, we can take possession, consider abadoned and store or sell items. Says we can rerent without liability to resident. Does bankruptcy prohibit us from moving possessions to the basement or removing to show the house to new potential tenants? Can we change locks? Do we have to pay to store items? There has been no power or activity at the house for a week.

Attorney Answers 1


  1. You cannot touch anything or do anything unless you obtain permission from a bankruptcy judge. You will need a lawyer. Should you do anything without court approval, you are likely to be found in contempt.