Under bankruptcy, in order to evict a tenant, there are a few options.
Basically, there are some exceptions to the automatic stay
that apply where the house is in danger of being destroyed, or where a judgment in an unlawful detainer was obtained before the petition
was filed. In these situations, there would be some procedural rules to follow, but a landlord
could proceed with an eviction.
If none of these apply, then there are a few options.
The first option, is to hire an attorney and ask the tenant if they will stipulate to relief from the automatic stay so that a person may proceed with an eviction. If the tenant is agreeable to do so, then the court would likely grant the stipulated order and allow you to evict.
The second option, is to hire an attorney and file a motion for relief from the automatic stay, for turnover of the premises, and to allow state court remedies to be persued. This is a motion that must be filed with the bankruptcy court
, and there would need to be a hearing on the motion.
The third option would be to wait until after the bankruptcy is discharged and then, if the tenant fails to pay post-bankruptcy rent, evict the tenant based upon the post bankruptcy default as opposed to the prebankruptcy rent due. Trying to get the pre-bankruptcy rent would violate the automatic stay.
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