renter on cmmercial party won’t leave after not paying rent for 6 months

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renter on cmmercial party won’t leave after not paying rent for 6 months

we took her to court may 28th and she didn’t show plus she tried to fight it and gave the court a bad check. she then apparently filed bankruptcy june 4th. the sheriif dept locked her out today and said she filed too late. she won’t leave is still harassing us and has done damages to the building. she just handed us a letter today stating she went bankrupt and will not leave and we are illegally locking her out because she still gets 90 days. who is right?

Asked on June 10, 2009 under Real Estate Law, California

Answers:

Deborah Barron / Barron Law Corporation

Answered 12 years ago | Contributor

Commercial tenant laws are less protective than residential.  A bankruptcy can stay the eviction and then you would have to petition the bankruptcy court to allow you to proceed with the eviction.  If the Sheriff takes the position that she filed bankrutpcy too late and locked her out, why does he not physically remove her from the property?  Once locked out, if a tenant enters, it is trespass, breaking and entering and the Sheriff can remove that tenant from the property.     


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