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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33730
Experience:  Attorney for over 15 years, landlord 26 years
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I have rental property, man signed lease but has not paid

Customer Question

I have rental property, man signed lease but has not paid rent in 2 weeks, now tells me he filed Chapter 13 prior to signing lease and due to illness has to move and wants out of lease? What are my options?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Have you confirmed that he has filed bankruptcy? (he may simply be lying)

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And he is saying he filed BK prior to signing the lease, correct?

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Have you given him any written notice to pay or vacate?

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thanks

Barrister

Customer: replied 1 year ago.
How do I verify his bk? I looked in the local paper and could not pull up anything. Yes, he stated it was before signing the lease. No, I have not provided him anything in writing as I just found out today that he wants to break the lease. States he has been in the hospital.
Customer: replied 1 year ago.
He did give me a lawyer name and number but I felt I needed some other advice before calling her.
Expert:  barristerinky replied 1 year ago.

You would have to call the local federal bankruptcy court and ask the clerk if he has filed BK.

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But regardless, if he signed the lease AFTER he filed BK, then it wouldn't void it or prevent you from evicting him. If he signed it BEFORE filing BK, then it would prevent you from pursuing him until you got permission from the court.

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And further, until you are served formal notice of the BK and are listed as a creditor, you can still continue with any eviction action.

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So this sounds like he may be bluffing you and I would start out by giving him a 14 day to pay rent/16 day to vacate notice and then continue on with an eviction unless you are formally put on notice that he has actually filed BK. If you can get a judgment before he files, you can continue to evict him.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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