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Reid

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Posts: 33
Reply with quote  #1 
Is it true if tenant file for bankruptcy that they legally can stay up to 7 months in california.? Desperate LL needs your help.

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California Landlord
absoluteca

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Posts: 72
Reply with quote  #2 
This is TRUE, unfortunately...I speak from direct experience!  They are protected by BK laws and there's really nothing you can do but hope they don't stay through the entire BK protection period.

-Mod

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JQ
Reid

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Posts: 33
Reply with quote  #3 
Hello Mod, I am sure you have an extensive knowledge when it comes to tenant vs LL, I just spoke with my Mgmt. Co. and he said even if they file for bankruptcy the judge will grant only 2 extra weeks for the eviction process to take effect, he also mentioned the bankruptcy law for tenants has changed since 2005. Now I am really confuse.

My tenant did file for bankruptcy 10 years ago.


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California Landlord
absoluteca

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Posts: 72
Reply with quote  #4 
I can only speak from my experience and learning from the best eviction lawyers, etc.  My situation was post 2005 (2007) and maybe since 2007 things have tightened up favoring lls.  However, it was not only the BK in my situation, it was the tenant filed for BK in conjunction with other manuevers and allowed him to stay in my property another 5 months...

Are you experiencing this now or wanting to know in case it happens?  You'll need to get a good eviction services company or lawyer to help with your eviction and they will certainly know current laws.  If you're in the SF Bay area, you can contact Landlord Services, Inc. and they can advise.

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Reid

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Posts: 33
Reply with quote  #5 
thanks for your reply mod, i am in the southern cal area, i want to know in case this will happen and i will find this out by tomorrow, the lawyer i was going to use was recommend from another member here "Josh", however my mgmt. co. prefer use their own eviction attorney which is closer to my county in the case if we need to appear in court.

this is something we've never dealt with and since i want to be pro-active about it, i need to learn as much as i can from this forum on how to protect and take action against my tenant, again, thanks for your valuable feedback.

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California Landlord
MOON

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Posts: 577
Reply with quote  #6 

Hi Reid, I understand you read my bankruptcy thread? which was my Pacific heights LOL!! The only good thing that came out of that experience was that I found this LL board & got some really good advice for a very bad situation. I am in NJ so I am not sure if this will help or apply to your situation. If I had gotten the eviction before they filed bankruptcy I could have moved it along a little faster. but they cancelled my eviction court hearing because the tenant filed a chapter 13 the same day. So if you can get the eviction prior to their bankruptcy you will still have to go to the bankruptcy court to get permission to continue something done prior to bankruptcy. But if they have a bankruptcy in place before the eviction (as what happened to me ) you may have to go through a much longer process. You definitely need a expert attorney to deal with the complication bankruptcy adds to an eviction. I could not even contact my tenant at all, once the bk was filed,would have been considered harrassment.

Reid

Registered:
Posts: 33
Reply with quote  #7 
yes i did read and learn something from your bankruptcy thread MOON, thank you, i just hope myself and every LL out here will never experience what you've gone through.

anyway, i decided to do a little investigation myself so i asked a copy of my tenant's application from my mgmt. co.

first thing i did was called and verify from her previous landlord, "BINGO", application says X years residency "lied", her previous LL told me it was only for 1 year with an eviction plus couple of months rent owed. they file a small claim court and currently he's waiting on the date for court hearing, he strongly suggest evict them asap.

tomorrow i will make another trip to meet my mgmt co. and this time i will not be so courteous.

since my tenant only stayed for a few months, question, can i make my mgmt. co. to pay for the eviction instead, i did told them i will pay for the eviction fee but after i spoke and learned from my tenant's previous LL, clearly this is my mgmt. co's fault by not checking their rental history, but if they still insist i pay for the eviction fee i will not argue with them, at this point i just want to focus on the eviction process and get these free loader out asap.








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California Landlord
Reid

Registered:
Posts: 33
Reply with quote  #8 
yes i did read and learn something from your bankruptcy thread MOON, thank you, i just hope myself and every LL out here will never experience what you've gone through.

anyway, i decided to do a little investigation myself so i asked a copy of my tenant's application from my mgmt. co.

first thing i did was called and verify from her previous landlord, "BINGO", application says X years residency "lied", her previous LL told me it was only for 1 year with an eviction plus couple of months rent owed. they file a small claim court and currently he's waiting on the date for court hearing, he strongly suggest evict them asap.

tomorrow i will make another trip to meet my mgmt co. and this time i will not be so courteous.

since my tenant only stayed for a few months, question, can i make my mgmt. co. to pay for the eviction instead.? i did told them i will pay for the eviction fee but after i spoke and learned from my tenant's previous LL, clearly this is my mgmt. co's fault by not checking their rental history, but if they still insist i pay for the eviction fee i will not argue with them, at this point i just want to focus on the eviction process and get these free loader out asap.








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California Landlord
Bancarota10

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Posts: 1
Reply with quote  #9 
How to file Bankruptcy? Please answer me. Thanks for your post. I really appreciate this post. Thank you.



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divorcio
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