Legal Question in Landlord & Tenant Law in California

Evicting Bankrupt Tenant

I am considering leasing my condo to a tenant who had filed bankruptcy before. My question is :

- If my tenant files for bankruptcy in future, will bankruptcy law protect my tenant even if he stops paying rent and still not leave my condo ? What will be my recourse in this case to evict the tenant ?

Since this is a bulletin board it would benefit me and others if the response is given on this board itself rather than asking me to call for the answer.


Asked on 9/21/04, 3:30 pm

2 Answers from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Evicting Bankrupt Tenant

First of all, if he recently filed BK, the chances of him doing so again are pretty slim. If it was a long time ago, you need to look at his current payment history.

Once the tenant enters your properety, BK will protect him from eviction, until you get a relief of stay from the BK court, which could take as much as 30 days.

It could also make him judgment proof as to back rent.

Eventually, you can get him out.

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Answered on 9/21/04, 6:56 pm
Larry Rothman Larry Rothman & Associates

Re: Evicting Bankrupt Tenant

A bankrutpcy filed by the tenants stops the eviction process. You will have to obtain a relief from the automatic stay to proceed in the state action.

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Answered on 9/21/04, 11:17 pm


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