A tenant who owes utilities and upcoming rent
Thank you for your response.
Yes - the tenant can be evicted if there is unpaid rent.
A Bankruptcy can discharge the obligation to pay any rent that was due at the time of the Bankruptcy filing, but not any rent that becomes due after the Bankruptcy is filed.
In other words, a Bankruptcy will have no affect at all on any unpaid rent that becomes due after a Bankruptcy is filed.
(If there is unpaid rent from before a Bankruptcy is filed, the obligation to pay that rent can be discharged, but if the rent is not paid - even though discharged - then the landlord can evict the tenant.)
I think this is what you wanted to know. If not, please let me know.
you're saying in the last paragraph that the obligation to pay can be
discharged. Next you say that the landlord can evict the tenant for the same rent that was due. Is that correct? What about utilities and the fact that the landlord has not declared the property a rental or installed safety features and surely, even in Arkansas there must be some type of insurance mandated by law. Is that so?
That is correct - a tenant can be evicted because there is unpaid rent and/or utility bills, even if these obligations are discharged in a Bankruptcy. (However, if the Bankruptcy is still in progress, the landlord would first have to file a motion for relief from the automatic stay with the Bankruptcy court if the eviction proceeding will be based solely on unpaid rent or utility bills that were due before the Bankruptcy was filed. If the eviction proceeding will be based on unpaid rent or utilities that became due after the Bankruptcy was filed, then it is not necessary to get the automatic stay lifted to proceed with an eviction proceeding.)
Your last question should be directed to an Arizona landlord/tenant law expert. I was able to answer your Bankruptcy Law question, but I am not an Arizona landlord/tenant expert, so cannot answer your Arizona landlord/tenant question.
Thank you. I should have stated Arkansas not Arizona.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).