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WI Residential landlord tenant law, Tenant is 2 months behind in rent and has filed for chapter 7 bankruptcy. What happens now?

Beloit, WI |

Tenant's year lease expired May 1, 2009 now only verbal month to month lease. tenant failed to pay July rent and August rent. Filed for bankruptcy July 27, 2009. What are my options? How and when can i evict the tenant? The tenant is still residing there. The water utiities are not included in the rent, however if tenant does not pay the landlord is responsible. Also there are unpaid water bills. Under the written lease there were late fees when rent was paid late. Does this rule carry over to the month to month lease? If it does can i get paid for these? Tenant informed me about the bankruptcy and expressed that they want to still reside there and will get the rent paid up. tenant did not say that i was to be included in the filing. The house is filthy and will need huge cleaning.

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Attorney answers 1


You must be vary carefull with bankruptcy. If your tenant has filed you should contact an attorney immediately. An Attorney can help you but it is usually going to be expensive and take quite some time. You can still evict them but you must first lift the automatic stay in the bankruptcy court or face sanctions. Please see an attorney and a good one this is not for the novice. Landlords loss a lot of money from tenants. I always tell my landlords this is a business and should be treated as one.

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