Eviction during chapter 7
I have just been notified that my tenant who is 2 months behind has filed chapter 7, with the hearing the end of this month. I have been planning on selling the house when his lease expired, which it just did. Can I evict him? and if so and I post a 3-day notice do I request just current rent due...or back rent also?
1 Answer from Attorneys
Re: Eviction during chapter 7
The filing of a chapter 7 gives your tenant complete freedom from collection and any action you may bring for posession. Have your attorney file a motion with the bankruptcy court to modify the automatic stay. Of course, if the tenant has not filed, he/she may be bluffing. Check with the clerk of bankruptcy court before you take action