What to do if my landlord is filing for bankruptcy?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my landlord is filing for bankruptcy?
I am renting an apartment inside of a house. It has been brought to my attention that the landlord has filed for bankruptcy and has not payed the mortgage in 9 months. I have been paying my rent on time every month and it has also been brought to my attention that the landlord has been using my rent for other things. What am I to do in this situation?
Asked on December 1, 2012 under Real Estate Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You need to keep paying your rent and keep honoring any other lease restrictions or obligations. The lease is a contract between you and the landlord: it's validity and enforceability does NOT depend on what the landlord does with his money, including whether he pays his mortgage. If and when the property is foreclosed upon or turned over to the bank, then he will no longer be your landlord and you will not have to pay him--but until that happens, you do.
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.