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Does a month to month lease protect a landlord from tenant bankruptcy in California?
Wiki User
∙ 14y ago
Bankruptcies don't cover issues regarding rent. The renting of property, especially residential, is not an extension of credit-- it's the right to live on the property. A tenant filing bankruptcy still has to pay rent.
Wiki User
∙ 14y ago
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Can a tenant sue a landlord who is in bankruptcy?
Normally the bankruptcy filing has nothing to do with whether or not the tenant has paid his rent. A landlord does not have the right to evict a tenant simply because the tenant filed chapter 7 unless that is part of the lease. The terms of the lease determine if the tenant will be evicted. If the tenant pays the rent, he should not be evicted.
Can a landlord who's house went into foreclosure and he fill bankrupt and he has a section 8 tenant living in the unit 8 tenant still have to pay their family tentant contribution?
It might be best to ask the Housing Authority that issued the voucher. Bankruptcy has nothing to do with the tenant. As far as the foreclosure, it depends on what stage the foreclosure is in. Until the foreclosure sale happens, the tenant owes the rent to the landlord.
What is the remedy available to the landlord when a tenant doesn't pay?
When a tenant doesn't pay his rent the landlord may begin eviction proceedings in court, which forces the tenant to move.
The tenant claims dust allergies and wants the landlord to pay for vent cleaning. tenant has been staying in the townhome for 2 months. Who is responsible for vent cleaning - tenant or landlord?
Landlord, but probably only once a year. The landlord should have a tech check the filters.
Can a landlord evict a guest for a noise complaint if the tenant was causing the noise?
Yes. If a tenant is not in the habit of making a lot of noise then the landlord would not have much grounds to evict them. However, if a tenant is a problem for other renters, how a landlord evicts someone depends on the state in which he lives. Usually, a landlord could evict a person even if they have a lease for violating city codes for noise. A landlord would be wise to put such stipulations in their leases. This is based on the number of complaints the police receive concerning the noise or the number of complaints a landlord receives. In some states, all a landlord has to do is send a registered letter to the tenant notifying them of the complaint and that they are on notice to cease and desist or face eviction. If the tenant continues to bother others with their noise, then the landlord can notify the Sheriff's Department to evict the tenant. Of course this will not prevent the tenant from taking the landlord to court. This is why the landlord needs to keep good records and copies of police reports concerning the tenant to use in court.
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.
Can a tenant sue a landlord who is in bankruptcy?
Normally the bankruptcy filing has nothing to do with whether or not the tenant has paid his rent. A landlord does not have the right to evict a tenant simply because the tenant filed chapter 7 unless that is part of the lease. The terms of the lease determine if the tenant will be evicted. If the tenant pays the rent, he should not be evicted.
Can a tenant be evicted in Michigan if in bankruptcy?
Bankruptcy does not relieve a tenant from paying his rent: it's not a debt. Rent is due in advance of the rental period and is not an extension of credit. Oh, and a landlord cannot evict a tenant simply because he filed for bankruptcy.
Tenant files for chapter7 bankruptcy?
When a tenant files for bankruptcy, this will apply to any money tenant owes. In the case of rents, which is not a form of credit, you still must pay to landlord your rent or face the probability of eviction. If you owe your landlord back rent and declare bankruptcy, then you can include this back rent as part of your debt. Back rent is considered a form of credit, because you owe this money to your landlord and he has continued to grant you the right to stay there. It should be noted that whenever a landlord commences eviction proceedings against a tenant, it is never on the grounds of owing back rent. Your landlord's claims against you in small claims court covers that issue.
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.
What if California motel landlord refuses to sign a W-9 for a rental assistance program for a tenant and tenant was never late their rent and tenant can not be assisted by agencey due to the W-9 not?
Probably nothing. No one can force a landlord to accept a tenant.
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.
What is the possessive form of the landlord and the tenant?
The possessive forms are landlord's and tenant's; for example:The tenant's apartment is the best one in the landlord's building.
Where is help for tenants victimized by Deceptive Practices under Landlords Bankruptcy transition?
It seems there is no help. There is copious information for the tenant screwed under a landlord in foreclosure, but a dearth of the same in relation to a tenant renting from a landlord who enters into chapter 7 bankruptcy. It is a such a fertile ground for fraud, and deceptive practice.. and yet no where to turn. Any body out there???
If a tenant lives in a property where a landlord has a bankruptcy and does not reaffirm the loan what happens?
As long as the landlord still has control over the property he has the right to collect rent on it and evict non-paying tenants.
In a bankruptcy is it likely a 'Relief Of Stay' would be granted to a landlord if the tenant was 5 months behind on rent and was notified of the lease being terminated?
No.
What has the author Janet Portman written?
Janet Portman has written: 'California tenants' rights' -- subject(s): Landlord and tenant, Popular works 'Every tenant's legal guide' -- subject(s): Landlord and tenant, Popular works 'Every landlord's guide to finding great tenants' -- subject(s): Landlord and tenant, Popular works, Rental housing 'Leasing Space for Your Small Business (Negotiate the Best Lease for Your Business)' 'First-time landlord' -- subject(s): Rental housing, Real estate management, Management, Landlord and tenant
