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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 16006
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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Im on a one year lease and I may receive a 3 day pay or quit

Customer Question

I'm on a one year lease and I may receive a 3 day pay or quit notice next week. I am filing chapter 7 bankruptcy the end of this month. How much time do I have before I am evicted?
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 4 years ago.
THE FILING OF A BANKRUPTCY WOULD STOP AN EVICTION, HOWEVER THE COURT REQUIRES YOU TO PAY THE RENT FOR THE MONTH. ALSO DOWNLOAD THE LANDLORD TENANT HANDBOOK FOR MORE INFORMATION

http://www.dca.ca.gov//publications/legal_guides/index.shtml
  • tenant who files a bankruptcy petition after October 17, 2005 (the effective date of the 2005 bankruptcy act) normally is entitled to an immediate automatic stay (delay) of a pending unlawful detainer action. If the landlord hasn't already filed the unlawful detainer action, the automatic stay prevents the landlord from taking steps such as serving a 3-day notice or filing the action.
  • The landlord may petition the bankruptcy court for permission to proceed with the unlawful detainer action (called "relief from the automatic stay").
  • The automatic stay may continue in effect until the bankruptcy case is closed, dismissed or completed. On the other hand, the bankruptcy court may lift the stay if the landlord shows that he or she is entitled to relief.
  • The automatic stay normally does not prevent the landlord from enforcing an unlawful detainer judgment that was obtained before the tenant's petition was filed. In some cases, however, the tenant may be able to keep the stay in effect for 30 days after the petition is filed.


ALSO, A THREE DAY NOTICE ONCE SERVED, IS ONLY THE BEGINING AND YOU WILL HAVE A CHANCE TO FIGHT THE CASE IN COURT, AN ACTUAL EVICTION COULD TAKE 4-8 WEEKS, IF YOU DO NOT PAY THE RENT IN THE BANKRUPTCY PROCEEDING.

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