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Posts: 1
Reply with quote  #1 
My tenant has declared Chapter 13 bankruptcy in California. Her lease ended almost three years ago and she has been month to month since. She stopped paying the rent a couple of months ago when she was given two months notice. Her lawyer sent me a document saying there is an automatic stay, as part of her bankruptcy. I just want her to move out. Does anyone know if an automatic stay or bankruptcy in California prevents a landlord from insisting or taking legal action that she move out? She actually says she will move out, but on her own timeline. Thanks for the help.

Posts: 503
Reply with quote  #2 
You will need to talk to an attorney. I know California tends to do their own thing and can be unlike any other jurisdiction in the country. I would hope that since you started things before her bankruptcy (if that is the case) you would be able to move forward, or at least she would be required to pay rent, but an attorney is going to be your best bet in this situation.
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