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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 you terminate a commercial lease by filing bankruptcy?
Yes and no. A TENANT can terminate a commercial lease by filing bankruptcy. Under Section 365(b) of the Bankruptcy Code, a tenant has 120 days from filing a bankruptcy petition to either assume or reject the lease. This can be extended once by 90 days, with court permission. Unless the tenant files a timely motion with the bankruptcy Court to assume the lease (and cures past defaults and provides "adequate assurances" of future performance), the lease will automatically be deemed rejected. If the lease is at an above-market rental, or otherwise disadvantageous to the tenant, the tenant should surrender possession and bring an earlier motion to reject the lease. If the lease is at a below market rental, the tenant should consider assuming the lease and assigning it through bankruptcy. Under Bankruptcy Code Section 502(B)(6), the tenant will still be liable to the landlord for damages for early termination of the lease, but these damages are subject to a "cap" equal to 15% of the value of the unexpired lease term - not to exceed three (3) years rent. The landlord wil have an unsecured creditor's claim for these damages, and will share equally with all other unsecured creditors in the bankruptcy. If a tenant continues to occupy the premises after the bankruptcy filing, the landlord will have what is known as a priority "administrative" claim for the rental value during that period, and will be given preference over other general unsecured creditors to recover those amounts. A tenant's bankruptcy will not terminate liability under any personal guarantees given in connection wit the lease, unless the guarantor also files for bankruptcy. Depending on how the lease and the guaranty are structured, the guarantor may not be able to claim the benefit of the "cap" on damages. A LANDLORD may not unilaterally terminate a commercial lease by filing bankruptcy. Under Section 365(h) of the Bankruptcy Code, a tenant whose landlord has filed bankruptcy has the option to either treat the lease as terminated and vacate the space or to remain in possession (and continue paying the rent) for the balance of the lease term (including any extension options, if timely exercised by the tenant). There are many subtle nuances and exceptions to these basic rules and a party to a commercial lease should seek the advice of competent counsel before taking action to terminate that lease.
If you walk out of an apartment lease can your roommate be affected by bankruptcy?
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How can a landlord couture to evict after your been discharge in bankruptcy court?
After a bankruptcy discharge, a landlord may still pursue eviction if the tenant owes rent for periods not covered by the bankruptcy or if the lease was terminated before the bankruptcy filing. The landlord can file for eviction in court, citing reasons such as lease violations or non-payment of rent. Additionally, if the tenant did not include the lease obligation in the bankruptcy filing, the landlord may argue that the debt is still enforceable. It’s important for tenants to understand their rights and seek legal advice in such situations.
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.
Does a month to month lease protect a landlord from tenant bankruptcy in California?
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.
Cosign lease extension?
To cosign a lease extension means to become legally responsible for the lease agreement alongside the primary tenant. This includes agreeing to uphold all terms and obligations of the extended lease period as a form of guarantee for the landlord in case the primary tenant is unable to fulfill their responsibilities. It's important to understand the implications and commitments involved before agreeing to cosign a lease extension.
Can a tenant live in an apartment without electricity?
If the terms of the lease include that the tenant must have electric and the tenant is in violation of the lease terms you can evict him.
What is a life lease?
A lease that is terminated by the death of the tenant.
Can a tenant be evicted if the property is acquired through divorce?
not till the tenant violates the lease or the lease expires
How do you sue for tenant abuse when there is no lease?
No lease does not mean no rules. If a tenant causes excessive damages you can still sue them.
At the end of a term lease can the lanlord require the tenant to move out?
“At the end of a term lease can the lanlord require the tenant to move out?”
