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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 13126
Experience:  B.A.; M.B.A.; J.D.
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Being sued by a tenant in a house that was included in my bankruptcy.

Resolved Question:

Being sued by a tenant in a house that was included in my bankruptcy. Am I liable?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 1 year ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.


Could you explain a little more?
Customer: replied 1 year ago.

I am being sued by a tenant that never left the building.


I filed bankruptcy in 2007, discharged in 2008. It included the building


in question.

Expert:  Phillips Esq. replied 1 year ago.
Thank you for the information.

I still need more information.

What is the Tenant suing you for?

Do you stil own the building?
Customer: replied 1 year ago.

He is suing for repairs made while living in property.
My name is XXXXX XXXXX deed. Bank has not foreclosed


after 6 years.

Expert:  Phillips Esq. replied 1 year ago.
Thank you for the information.

Are you collecting rent on the property?
Customer: replied 1 year ago.

no.

Expert:  Phillips Esq. replied 1 year ago.
Who is the Tenant paying rent to?
Customer: replied 1 year ago.

No one. I am right now trying to regain possession


of apt. for shortsale.

Expert:  Phillips Esq. replied 1 year ago.

Thank you for your quick responses.


Eventhough your personal obligation on the Note was released when you obtained Discharge Order in 2008, unfortunately that did not release you of your obligation to your Tenants because you are still the legal owner of the property. Eventhough you surrendered the property in bankruptcy, you remain liable to your Tenants until the bank forecloses and takes ownership of the property, regrettably. However, while as here the Tenant has not been paying rent, the Tenant has “unclean hands” you can countersue the Tenant for all rents due on the property. The Tenant has “unclean hands." Here, he is not paying rent for years, but is suing you for repairs. So, the Court might apply the unclean hands doctrine here. That is, where both parties to a dispute are at fault, the Court may decline to adjudicate the dispute between the parties and may leave the parties where they are, to fend for themselves.

Customer: replied 1 year ago.

even with no lease ?

Expert:  Phillips Esq. replied 1 year ago.
even with no lease ?


Response: Yes. So long as you are the legal owner of the property, you remain liable to your Tenants.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 13126
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and other Bankruptcy Law Specialists are ready to help you

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