How long do we have to vacate a rental home that is being surrendered in a Chapter 7?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How long do we have to vacate a rental home that is being surrendered in a Chapter 7?

We were told yesterday that we had to vacate our rental home within 30 days. Our 1 year lease lapsed in 10/10 and we are current/never late with the rent. The owners are surrendering this home in a Chapter 7. We need to know if we have any rights?

Asked on February 2, 2011 under Real Estate Law, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

First, once the owners no longer own the home, you will have no right to remain there. While if they sold it to someone else, the buyer would take the home subject to your lease, if ownership is lost in a bankrutpcy (or foreclosure), it terminates any leases with the now-former owners.

However, if you had a written lease, you wouldn't need to go any earlier than the owner's ownership actually being terminated--i.e. you don't have to get out early, even if it's convenient for them. So you had a written lease, you could wait until the home is actually given up.

On the other hand, you indicate that your lease had lapsed. That presumably means you're now a month to month tenant on a verbal or oral lease. If that's the case, then regardless of bankruptcy, foreclosure, etc., the owner may terminate your tenancy at any time, for any reason, on 30 days notice--just like you could move out legally on 30 days notice. Therefore, if there is no written lease, the owner can give you 30 days notice to leave, and if you don't, bring eviction proceedings against you. Eviction usually takes 3 -  6 weeks, depending in part on how busy your local courts are.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption