Bankruptcy, Tenants and the Rulebook

Most of the tenant feels that if they will file the petition for the bankruptcy then they cannot be evicted by the landlord. Do you think that this is the truth? Let me tell you that this is certainly not the truth. What you know about the bankruptcy in layman language is certainly not the truth. Everything has been changed and this has been done by the bankruptcy abuse prevention as well as the consumer protection act which was being issued in the year 2005.

If you are a tenant who is being threatened of being evicted, then you might try to file for the bankruptcy. But this is certainly not the case. If you are the tenant and you think in this way then you should certainly consult the bankruptcy expert at first. You should listen to the expert advice and then only you should decide that what you are going to do.

Bankruptcy is one of the specialties which are certainly very hard to understand. But you should know that it has more disadvantages than the advantages.

You as a landlord can challenge the tenant if he threatens to cheat you on this behalf.  Some of the facts are as follows:

• You might file the petition in the bankruptcy court that the tenant is trying to cheat you. You can plead in the court to provide you the right to look forward at the unlawful detainer action.
• Once the tenant files for the bankruptcy, he is entitled to the automatic stay which will continue until the bankruptcy case is closed. However if the landlord is able to prove that they are liable for relief then the automatic stay will certainly be cancelled.
• However the landlord is free to go for the unlawful detainer judgment even if the bankruptcy case is going on. However the tenant is allowed to stay for at least thirty days after the petition is being filed.
• However if the landlord is able to prove that the tenant is endangering the property then even the bankruptcy plea will not be able to save the tenant from eviction. If you are the landlord you should know about this rule. This will certainly be very helpful to you.
• If the endangering case is proved then the tenant will not be allowed to live in the house for more than 15 days. He will have to leave the property within 15 days.

If you are the landlord then you should clearly mention the bankruptcy condition in the landlord tenant form. This will safeguard you from any threat posed by the tenant in front of you.