Some states have rigid laws about how a landlord is to handle a security deposit. In Massachusetts, for instance, he has to put it in a special account, protected from his creditors. Find out what the local law is, and if he has violated the law, you can sue him for return of the deposit, although that may not help you at the Bankruptcy Court. If he has not mishandled it, and you are still there, he has no obligation to pay it back to you, and his bankruptcy has nothing to do with you.
Get a lawyer
The landlord's bankruptcy has nothing to do with the tenant. The tenant still owes the rent.
Yeah. It's called you being a dumbarsh.
Yes, but the landlord can evict you for nonpayment.
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.
yes and so will $400 as 'security" deposit.
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.
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.
If you sued the Landlord and he lost, he must give you your deposit. However he can separately sue you for damages. Whether he wins that lawsuit or not, he must give you your deposit!
A new landlord has to have received the security deposit from the old landlord during the process of the closure of the sale of the property. The new landlord is responsible for that security deposit.
do you know if kaiser permanente filed bankruptcy?
The bankruptcy has nothing to do with the landlord. If they pay the rent, they can stay; If they don't pay, they gotta go.