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Tenant has filed bankruptcy
by Debra
on November 15, 2019 @18:47
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I received notice by mail that my tenant has filed bankruptcy, an dlisted me as a creditor. What does this mean regarding rent payments? Her rent is current as of today, but she owes minimal late fees. Also her yearly lease expires soon. I would like to move to a month to month lease instead.
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Re: Tenant has filed bankruptcy
by Garry
on November 17, 2019 @09:05
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Usually, all state LL/T laws say that if you do not sign a new lease, and the T still remains in possession past the 1 year point, it automatically renews as a M2M lease. Check your LL/T laws to be sure. I have never had to deal with a T that files for bankruptcy, so I don't know how that affects rental payments. What you could do, is either wait til next month to see if she sends you any rent, or you could write/send her a nice letter now that says you expect rent to be paid as usual moving forward, and that once the lease ends, it will become a M2M lease.
You should also contact a lawyer that deals in bankruptcy laws, and just spend 10 minutes on the phone with that lawyer, asking how BKs affect rentals. You don't need to go into details, just find out where LLs stand when Ts file for BK. Yes, the lawyer will probably charge you for the time on the phone, but it will be well worth it for you to know where you stand.
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