Legal Question in Bankruptcy in California

Landlord has ques related to disabled tenant declaring bankruptcy

Our disabled tenant of 10 years is likely to declare

bankruptcy due to credit card debt.

Will he be able to pay rent (he rents a bedroom in a

3-bdrm house with other tenants in the other bdrms)

once he declares bankruptcy or does a repayment

schedule take most of his money?

What recouse do we have if he cannot pay the rent and

we know he has no place to go and no living family

members? As compassionate human beings, how

can we evict him and yet we are not running a charity?

Section 8 housing for him has a 4 yr waiting list.

Thank you for any info.


Asked on 11/11/05, 2:35 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Landlord has ques related to disabled tenant declaring bankruptcy

If the tenant eliminates the credit card debt, the tenant should be in better shape to meet other obligations. Bankruptcy will not discharge rent that occurs after the filing of the petition, but could discharge back rent owed. If you are owed back rent, you may bring an adversary action for relief from the automatic stay imposed and, once granted, move to evict the tenant through normal means. However, if you're just worried about future rent, bankruptcy won't affect that. It's not a prepetition debt.

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Answered on 11/11/05, 2:58 am


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