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Is a lease void if the tenant signs it a month before filing a bankruptcy petition the petition is filed 4 days before the occupancy specified in the lease and this was never disclosed to landlord?
Wiki User
∙ 15y ago
The leae is entirely effective and subject to the BK. The terms of the lease make it so the property is provided at a later time, but the lease, as a contract and promse to furnish and a promise to pay for that property is in effect.
Wiki User
∙ 15y ago
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Can a landlord collect rent without a certificate of occupancy in los angeles?
As long as the owner has a temporary certificate of occupancy.
What does happen if a landlord keep on taking rent even if the landlord had filed for bankruptcy himself?
The landlord's bankruptcy has nothing to do with the tenant. The tenant still owes the rent.
If you get evicted are you responsible for debt after bankruptcy?
This can get complicated, but the main question is, was the rent past due when you filed the bankruptcy? If so, was the landlord included in the list of creditors? If so, in most cases, rent due as of the date of filing was most likely discharged. Any rent, or "use and occupancy" in lieu of rent, from after the date of filing was not discharged.
Can your landlord keep a security deposit to paint an apartment after two years of occupancy?
Yes he can. It depends on the degree of damage done. A landlord shouldn't keep the deposit to paint if only usual wear and tear have occured. However, putting nail or pin holes may be enough for the landlord to justify keeping the deposit for damage beyong normal, permitted use.
Are you required to move if your landlord files bankruptcy?
The basic rule is as follows: if your landlord files bankruptcy that is a matter between your landlord and his creditors, not you, the tenant. You are still required to pay rent or be evicted, as long as your landlord has control over the property. This applies to whether the landlord has filed for bankruptcy or if the property is under foreclosure. In either case, if you end up staying on the property, the new landlord will provide further instructions on whether to stay or to move.
Can my ex-landlord collect unpaid rent during my bankruptcy I no longer live there discharge was July rent due was for June?
Not if you listed your landlord as a creditor on your bankruptcy petition and that there is excess property to pay your landlord after secured creditors and your exemptions. Unpaid rent is an unsecured debt. If a judgment lien is filed, you can avoid it if filed shortly before bankruptcy filing.
Can you landlord have you sign a lease and then say you did not get the apartment?
No. A lease is a legally binding contract, which obligates both the landlord and tenant to a tenancy for the term of the lease. If you and the landlord both signed a lease, and the landlord refuses to give you occupancy of the property, you need to see a landlord-tenant attorney or tenant's rights group immediately!
Can someone filing for bankruptcy list their landlord as a creditor if they are behind on their rent?
Yes
How can a landlord collect rent when a tenant files bankruptcy?
Bankruptcy has nothing to do with the tenant. If a bank forecloses on the mortgage, US federal law requires the bank to give the tenants a 90 day notice to quit, if they want the building emptied. But, it could be that the landlord will survive the bankruptcy, and there will be no foreclosure.
How do you get money owed to you from a landlord if he says hes filing bankruptcy?
If you're in Texas.... GOODLUCK!
Can past due rent be filed under bankruptcy?
Yes, but the landlord can evict you for nonpayment.
Can a creditor contact your landlord after you filed bankruptcy?
Yeah. It's called you being a dumbarsh.
