Legal Question in Landlord & Tenant Law in Alabama

Tenant has filed Ch 13 bankruptcy

Landlord/Tenant Problem

The property is located in Madison, AL.

My tenant filed for Ch. 13 bankruptcy 8/18. Her rent for the month of August or September has not been paid. I have sent 2 notices to vacate the property and know she has received them. One was sent via certified mail (she signed for it) and the other was placed on the property in front of police officers. The next step is to file an eviction notice with the courts and pay a fee for doing so. This tenant has put me in a financial bind. I am falling behind on my own bills. I am trying to sell the property and retained a realtor. I cannot move forward with the sale because the tenant will not allow the realtor on the property to assess any damages or anything. Nor will she allow me to enter my property. I need some legal help. Please help before my credit is ruined. I cannot afford to keep this property and assume this debt.


Asked on 9/10/06, 9:12 pm

1 Answer from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Tenant has filed Ch 13 bankruptcy

You need to hire a lawyer (preferably one where the BR case was filed) to make sure you do not violate federal law by taking action on a pre-petition debt, and to make sure you do things correctly. Bankruptcy changes the rules about what you can or can't do.

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Answered on 9/11/06, 8:45 am


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