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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 38264
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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I HAVE A 25YEAR LEASE.I PAID THE LANDLORD ON TIME FOR 3 YEARS

Customer Question

I HAVE A 25YEAR LEASE.I PAID THE LANDLORD ON TIME FOR 3 YEARS THEN HE WENT BANKRUPT. I HAVE PAID THE TRUSTEE FOR 6 MONTHS ON TIME NEVER LATE IN 3 YEARS AND 6 MONTHS. IN THE LEASE IT SAYS THAT THE LANDLORD CAN ONLY TERMANAT THE LEASE IF I DONT PAY. CAN THE TRUSTEE MAKE ME LEAVE?
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 3 years ago.
Hello,

In order for the bankruptcy trustee to continue to manage the lease and collect rent, the trustee must have "assumed" the lease during bankruptcy. When the trustee assumes the lease, he/she "steps into the shoes" of the original landlord. Consequently, as long as you pay according to the original lease terms, you cannot be forced out of the property.

Please let me know if my answer is helpful, or if I can provide further clarification or assistance.

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