Contract was on a month-to-month basis, with a 30 day notice to be given by either party. Contract started Oct 1. Tenant also did not return signed lease (we left two). Landlord gave a 49 day notice Oct 11 when it was determined that tenant was not responsible, asking them to vacate Nov 30. No rent received in November. Landlord filed eviction through Court; tenant answered and attached bankruptcy information. Court hearing scheduled Dec. 11. However, received Order of Stay Pursuant to Bankruptcy today. Landlord wants tenant to vacate property; we are not asking for November rent. What are options?
What type of bankruptcy did the tenant file? Was it a Chapter 13 case? Or was it a Chapter 7 case? If the tenant included the past due rent in the Chapter 13 plan, and if current rent payments are being tendered, it will be difficult to get stay relief in the bankruptcy court. On the other hand, if the tenant is not paying the rent, you should hire a bankruptcy attorney, and file a motion in the bankruptcy court for relief from the automatic stay Once stay relief is obtained, you need to file a copy of the bankruptcy court order in the state court, so the court can schedule another hearing on your eviction case. Go see a bankruptcy attorney ASAP.
I agree with Mr. Harrell. I only write separately to say:
1. If you're the landlord or landlord's agent, the landlord would have to retain an attorney to file a motion to lift the stay.
2. Allege non-payment of post-petition rent.
3. Allege that the arrears are owed regardless of the stay because they accrued post-petition.
4. Once you have stay relief, proceed with your dispossessory action.
A. If you're the tenant, make arrangements to bring the lease current from the date of filing bankruptcy to the present.
B. Arrange with the landlord to continue paying rent in exchange for dismissing the dispossessory action.
C. If your landlord does not want you there anymore, then make arrangements to move out, but you are still financially responsible for the rents owed from the date of filing the bankruptcy forward.
This is a public forum. Any questions or answers published here should not be construed as the giving or receiving of legal advice or the formation of any attorney-client relationship. You should consult with a competent attorney in the jurisdiction where your legal issues are pending and get good, solid legal advice. This being a public forum, those answers you do read are merely given for informational purposes only.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline