Eviction for Unpaid Rent
Usually, you can give your tenant a three-day pay or vacate notice if he is behind on rent. However, if the tenant has filed for bankruptcy, you cannot proceed. This is known as an automatic stay. You can evict for other reasons, such as for violating the lease agreement or illegal behavior.
Restrictions on Landlords
If you don’t follow the orders of the bankruptcy court and attempt to collect rent from your tenant, you could face penalties but you can file your own petition with the court. A bankruptcy judge will evaluate your petition and rule on whether to allow it or not.
Judgment of Possession
The exception to the automatic stay is if you were already far enough along in the eviction process that the judge awarded you a judgment of possession. If the tenant filed before you received the judgment, you must petition the court for relief from the automatic stay. The relief from the automatic stay doesn’t mean you can collect rent — it just gives you permission to proceed with eviction.
Proof of Claim
To get in line with the tenant’s other creditors and hopefully collect some of the back rent, file a proof of claim with the bankruptcy court. Keep records of the rent due after the bankruptcy filing because the court treats them separately. Inform the court of the tenant’s security deposit as well.
Speak With Our Bankruptcy Lawyers In Phoenix & Scottsdale
Canterbury Law Group should be your first choice for any bankruptcy evaluation. Our experienced professionals will work with you to obtain the best possible outcome. You can on the firm to represent you well so you can move on with your life. Call today for an initial consultation. We can assist with all types of bankruptcies including Business Bankruptcy, Chapter 7 Bankruptcy, Creditor Representation, Chapter 5 Claims, Chapter 13 Bankruptcy, Business Restructuring, Chapter 11 Bankruptcy, and more.
*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.