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Category: Bankruptcy Law
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Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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I am a landlord for a strip center in S.C. We have a tenant

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I am a landlord for a strip center in S.C. We have a tenant whose lease has expired and they will not sign a renewal because we require the lease to be in the name of the business owner or guaranteed by the business owners. They seem to be near bankruptcy. They wish to go month-to-month. If we permit month-to-month and they declare bankruptcy, can they be kicked out of the center or do they have the right to stay on. Our choice would be to go month-to-month while we look for another tenant but we don't want to be burdened by a bankrupt tenant we can't get rid of.

Also if a lease expires say for 2 weeks, can a renewal still be written on the expired lease?

Thank you for your help.
Brenda Love
Love's Plaza, LLC
Rock Hill, SC

After a tenant files for bankruptcy, the "bankruptcy trustee" (the person appointed by the bankruptcy court to oversee the case) must decide whether to carry on with or terminate the lease or rental agreement. In most situations, the trustee will let the tenant keep the lease, since it wouldn't benefit the tenant's creditors to force the tenant to incur the expense of finding a new lease.


if you let them stay on a month to month, make sure you have proper security, since if they do file a bankruptcy and start to miss payments, you would have to file a motion to allow for an eviction. It will become a nuisance for you.


A renewal can be written if the lease expires, that will not be a problem, but a bankruptcy tenant, due to the "automatic stay" will make it hard for you to evict.

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