Legal Question in Bankruptcy in California
we are renting a home on a month to month basis, i know the landlord filed for bankruptcy but so far i havent been contacted by the banks trustee notifying me of this...my question is this...how long am i legally allowed to stay in the houseonce i am notified of the bankruptcy...once again i have talked with the landlord about the filing but no one else has contacted me about this matter...
2 Answers from Attorneys
The bankruptcy really shouldn't affect you. If the house has not been foreclosed, you should still pay your rent to the landlord. If the property is eventually foreclosed, the bank should notify you of its intentions and your rights. That's the time to start discussing your options with others.
Absolute Law There are different
types of bankruptcy and dfferent types of treatment of rental property in a bankruptcy.
The only way you are safe stopping paying on the rent directly to the landlord, is if the landlord had filed papers in the bankruptcy intending to surrender the property back to the secured creditor and more than 45 days has passed since the filing.
Otherwise, the landlord still owns the property and may be trying to reinstate the mortgage through the bankruptcy.
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