If a couple who has recently filed for bankruptcy has applied to rent a property,can the tenant then stop paying rent and seek protection under the bankruptcy laws after the bankruptcy has been filed?
Hi JACustomer,Is the couple who filed a Bankruptcy also "the tenant" you are asking about?
yes, Potential tenant who is applying to rent.
Filing a Bankruptcy can only protect a tenant against legal actions for rent that is owed from before the Bankruptcy is filed. A Bankruptcy cannot protect a tenant from legal actions for rent that is due for any months after a Bankruptcy is filed. Bankruptcy Stat. 362(a).
So if the couple does not pay the rent at any time after they file a Bankruptcy, you can then proceed with an eviction in spite of the Bankruptcy.
I think this is what you wanted to know. If not, please let me know.
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).