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Apartment Tenant Bankruptcy & Tenant Evictions
Unlike the past, in which a tenant’s declaring bankruptcy would essentially protect him from eviction, if the landlord has won possession before the filing occurs, he can usually continue the eviction process 248-246-2243.
The Bankruptcy Abuse Prevention and Consumer Protection Act was made effective in October 2005 and has rendered eviction of bankrupt tenants easier for landlords.
Knowing how to proceed is contingent upon whether a tenant’
What if the tenant declares bankruptcy before the landlord wins possession?
Should a landlord not have a judgment for eviction ready before the tenant’
In this case, the law prohibits the landlord’
If the eviction must proceed immediately because the tenant (or his visitors) is causing danger to or using illegal drugs on the landlord’
The landlord needs to file a certification with the bankruptcy court detailing the damage or drug activity and give the tenant notice. The tenant is allowed 15 days to object and request a court hearing; otherwise eviction can take place without the automatic stay.
What if the tenant filed for bankruptcy after possession of the rental was won?
Unlike the past, in which a tenant’
Some states may allow a tenant negligent in paying rent to stop the eviction by declaring bankruptcy and providing certification, back payment, and future payment. To lift the automatic stay, the landlord must object and provide the court judge with reasons the tenant’
It is the legal right of the landlord to insist on proof in bankruptcy court of the tenant’
Winston Rowe & Associates is there to help, when speed and experience is important and crucial to your Apartment Building investing success, a principal at Winston Rowe & Associates is always available to speak with prospective clients.
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