Q: I know that if a tenant files bankruptcy that it causes problems for me as the landlord. However, can I put in my lease that if the tenant files bankruptcy that they agree not to include my property so I can still complete an eviction?
A: You are correct that bankruptcy laws cause serious problems for landlords. However, you are not allowed to include terms in your lease to avoid the application of those laws to you in the event that your tenant files bankruptcy. The bankruptcy laws will override any improper provisions you put into your lease. Therefore, if you have a tenant in your property and they file bankruptcy, you will need to obtain an Order Granting a Lift of the Automatic Stay before you can take any action against your tenant. In other words, once you have notice that your tenant is in bankruptcy, do not have any further contact with them or it can get you into serious monetary trouble. You need to immediately hire a bankruptcy counsel to advise you about your rights and represent you in the bankruptcy court. Mark B. Zinman, Williams, Zinman & Parham P.C.
Information contained in this article is for informational purposes only and should not be considered legal advice. You should always contact an attorney for legal advice and not rely on information published here.
By Mark B. Zinman, Attorney
Mark B. Zinman, Williams, Zinman & Parham P.C. (Zona Law Group)