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Need advice: Tenant filed Chapter 13, question - Landlord Forum thread 356298

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Need advice: Tenant filed Chapter 13, question by jason on February 27, 2018 @13:01

I have a tenant on a 2 year LPA lease.

They are having trouble making rent. I have been very patient, have made allowances and they are still limping.

Turns out the Tenant has recently filed Chapter 13 Bankruptcy (after the lease started) which means no Eviction. I am not a Creditor; I wasn't notified.

But I could interfere. They claimed in their court-approved plan that they want to assume the lease, which means they aren't in arrears on it and have cured all defaults. Clearly they are, and clearly they haven't.

So should I file an objection with the bankruptcy court? Evict them, and risk having them add the new debt to the bankruptcy? Or let them continue limping? I could let the bankruptcy finish and then sue her. I am not experienced at this. Thanks for any advice you can give.
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Re: Need advice: Tenant filed Chapter 13, question by Garry (Iowa) on February 27, 2018 @16:12 [ Reply ]
March is coming up shortly. By next Monday, give them the standard 3 day notice to pay March rent, or quit(move). If they don't do either, proceed to file for eviction. Once you get in front of a judge, the judge will clearly tell both parties how the BK effects you both. Get them out, however you can, and get your place rerented again. In my opinion, a 2 year lease in a state that says a LL must mitigate damages, is worthless. If a T defaults on the rent, the LL must try to get it rented again, and may only be able to collect up to 2 months of rent, even if there may be over a year left on the 2 year lease.

I have all M2M leases, and I just had 1 party move after being there 21 years----the whole time being on a M2M lease. I have 3 others that are all on M2M leases, and have been with me 10-15 years. If someone is not able to pay rent, and they are gonna move, there is absolutely no way you are going to stop them. Cut your losses, move the current Ts out, get new tenants, and get on with your life. (remember, you can't get blood out of a turnip)

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