Are you behind on your rent? Are you a tenant and facing eviction? Have you been served with a Notice To Quit? If you answered yes to any of these questions, then exploring bankruptcy options may be right for you.
If the tenant doesn’t voluntarily move out after the landlord has properly given the required notice to the tenant, the landlord can evict the tenant. In order to evict the tenant, the landlord must file an unlawful detainer (UD) lawsuit in superior court.
A landlord may not prosecute a unlawful detainer (UD) action against a tenant who has filed a bankruptcy petition unless the landlord petitions the bankruptcy court for relief from the automatic stay and the court grants that relief. [See 11 USC §362(a), (d).] On the other hand, a tenant may not wait to file a bankruptcy petition until the landlord has obtained a judgment and writ of possession on the UD action. [See CCP§715.050; Lee v Baca(1999) 73 CA4th 1116, 1119–1122.] Although the automatic stay provisions prevent the landlord from enforcing money damages, they do not prohibit the landlord from regaining possession of residential premises from a bankruptcy debtor-tenant who is wrongfully holding-over.
The practical effect of bankruptcy is as follows:
Call the attorneys at Avant Law Corporation to discuss your particular unlawful detainer situation BEFORE it’s too late. The consultation is free and the peace of mind of understanding your legal options is worth the time.