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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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Residential landlord, 3 months into a one year lease, the

Customer Question

I am Texas residential landlord, 3 months into a one year lease, the tenant filed chapter 13 bankruptcy. I gave them 30 days notice according to lease that I would not be renewing lease which expires sept. 1, 2016. (Hand delivery, certified and also regular mail) can I start eviction proceedings if they do not vacate or does the bankruptcy prevent me from doing this?
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Ely replied 2 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Please tell me, at the time of the bankruptcy filing, were they (or, are they) behind on the lease?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 2 months ago.
Customer: replied 2 months ago.
No they were not behind
Expert:  Ely replied 2 months ago.

Thank you. The filing does not allow the landlord (i.e. you) to immediately file for bankruptcy. The lease continues until its end. But then, per the the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, but the tenant continues to stay and not leave AFTER the term is over, then one needs to go to the federal bankruptcy court and ask the judge to allow the landlord to proceed with eviction (called lifting the automatic stay).

There are nuances involved, such as damages to property and otherwise, which augment the answer.

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