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barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33802
Experience:  Attorney for over 15 years, landlord 26 years
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Mr. Barrister, My tenant did inform me she is filing chapter

Customer Question

Mr. Barrister, My tenant did inform me she is filing for a chapter 7. This was 2 weeks ago. She told me I was to receive a notice. I never received notice and I called the courts to verify she has not filed yet. I doubt the checks will clear, however,
since I have no notice or verification, can I put the checks through or is this a violation of the Automatic Stay since she gave me a verbal? The home was filthy. I was shocked. I have pictures of floors, refrigerator, tubs, toilets, sinks, walls, window sills,
baseboards and windows all have not been wiped down or cleaned. She told me she took pictures when she left to show how clean. It does not get that dirty in one day. I know it was white glove clean when she moved in. I do not have a forwarding address. Should
I send a notice showing where her deposit is going with the balance due or not because of the so called bankruptcy? Thanks.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.

Hello again,


It sounds like the tenant is simply lying to you about the BK to try and keep you from suing her for damages. If she hasn't filed anything, then you are free to try and run them through. Verbal doesn't mean anything legally.


And yes, you definitely need to send a written itemized list of damages to her last known address, which would be the property address if you don't have a forwarding address. This needs to be done within one month of her moving out and I would send it certified as well as regular mail in case she has a forwarding address. Also take lots of pictures of the property so as to document its condition..





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