I have a prospective tenant I am willing to rent to. He declared bankruptcy in 2005/6 and is attempting to do so again. He is a police officer (which is the only reason i'm entertaining this.)
His bankruptcy is not set to discharge until 1APR2014, he filed it about 5 months ago. He's going to move in 8MAR14, and we're going to sign a lease soon. My question is, what can I put in the lease to protect myself from the chance that his bankruptcy doesn't go through and then he attempts to lump my lease in with a new filing?
He is attempting Chapter 7, his most recent attempt of Ch 13 was denied. He was very upfront about all of this and his credit report reflects this.
What steps can I take to protect myself while still renting to him?
1 Answer from Attorneys
Just get a security deposit as you would normally do. Chapter 7 cases very seldom don't "go through." Unless someone has so much income that they are forced into a Chapter 13 (which he tried to do, so it is unlikely they will try to force that when it failed before), or commits bankruptcy fraud, he will get a Chapter 7 discharge, and then he will be barred from getting another one for another 8 years.
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