What are my tenant rights if my landlord is planning on filing bankruptcy?

UPDATED: Jul 25, 2011

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What are my tenant rights if my landlord is planning on filing bankruptcy?

My landlord is 3 months behind on his mortgage. Do I have to pay anymore rent

Asked on July 25, 2011 Ohio


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The fact is that a landlord's bankruptcy filing does not affect a tenant's right to remain in their rental.  Depending on the type of bankruptcy filed, a tenant may end up paying their rent to a bankruptcy trustee or to the court instead of paying directly to the landlord.  Although, if there's a written lease that states that the tenancy is terminated if the landlord declares bankruptcy, the in such a case the lease would end.  Also, if the property ends up being foreclosed on by up the landlord's mortgage lender that would end the landlord's ownership. At that point they would no longer pay rent to the landlord but to whomever the lender then designated. 

Note:  In the event of a foreclosure, a tenant with a written lease can continue to occupy the rental until the end of the lease term, or 90 days, whichever is longer. That is unless the new owner intends to move in and occupy the home as their primary residence; in that case a 90 day notice to move would apply.  A tenant with a month-to-month lease, or no lease at all, needs to be given at least 90 days notice to move. 

You should consult directly with a landlord-tenant attorney in your area for further explanation of your rights and legal standing.

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.

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