Can I evict a tenant that has filed for bankruptcy?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I evict a tenant that has filed for bankruptcy?
I have a condo that I am renting out since I can’t sell it. The tenant hasn’t paid rent for several month, and when I sent the notice for Demand for Possesion to start the eviction process she sent me a letter stating that she has filed for bankruptcy and will move out at the end of next month. Can I continue with the eviction process even though she has filed for bankruptcy? I don’t trust that she will move out when she says. Also, I want to know if I can keep the security deposit to at least cover some of my losses?
Asked on May 24, 2012 under Bankruptcy Law, Michigan
Answers:
Kevin Bessant / Law Office of Kevin Bessant & Associates
Answered 12 years ago | Contributor
Yes, a bankruptcy petition deals with creditors, which technically a landlord would be considered as, however under the rental/lease agreement, a filing for bankruptcy does not nullify a landlords right to evict a tenant for a failure to pay rent. It may affect your ability to collect past rents if these were discharged through bankruptcy, but it does not affect the eviction process.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.