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.
Of course not.
In Wisconsin, a landlord is required to give a tenant a notice period of 28 days before asking them to move out.
As I understand it, the landlord is required to maintain it essentially in the condition it was in when you moved in. So if there were working appliances when you rented it, they are responsible for the maintenance. If you are asking is the landlord required to provide new stuff when you move in, no.
Nothing. The landlord need only give you the notice required by law (20 days in WA) and then simply move back in. The exception is if you have a lease--in that case, the landlord must honor the term of the lease unless the landlord and tenant mutually agree to break the lease. In that case, the tenant is free to demand compensation of the landlord for the landlord's breaking the lease.
If the eviction is for nonpayment of rent, yes, since it is a debt collection procedure. The landlord or property manager would have to move for relief from stay to proceed. However, this varies from state to state and even from one bankruptcy court to another, so check with a local bankruptcy lawyer. Even if the eviction is not for past-due rent, the claim will include costs and lawyer's fees, so the landlord should move for relief from stay or wait, if it is a c. 7, until the case is closed. Make sure the landlord is included as a creditor to discharge any money owed to the landlord.
You should consult with the landlord/leasing company to see what is offered to prospective tenants and what is required from vacating tenants at each property.
what can a landlord charge to move in a California house rental?
If a landlord files for bankruptcy, the answer depends on whether it is a Chapter 13 or a Chapter 7 (or possibly a Chapter 11, which would be the same as a 13 for this purpose).In a C, 13, the landlord would be entitled to continue to collect rent and be responsible for maintaining the property and keeping everything up to code, as well as paying whatever expenses related to the property that are the owner's responsibility.In a C. 7, the mortgage holder should notify you of the foreclosure and either ask for rents or payments in lieu of rent to be sent to it or its agent. If you get no such notice, and the landlord has your correct address, you should hold the rent payments in escrow, and at some point you may be able to use the money to move. You should consult a local attorney to be sure you follow the rules for your state.
Not automatically. Oftentimes the new landlord can keep a tenant or opt to ask him to move out.
Bankruptcy has nothing to do with the tenants, and is not a reason for them to vacate. However, in any state except New Jersey, with a month-to-month tenancy, the landlord has the right to ask the tenant to leave at the end of the next rental period.
no
Usually it means that you can't sue your tenant in regular court, you have to go thru the bankruptcy court. It really shouldn't mean much for you, tho, your tenant will need to keep paying rent, or move out.