Legal Question in Bankruptcy in California
Tenant Bankruptcy
My husband and I have filed for bankruptcy. We are behind on our rent (home) payment but have been making partial payments to our landlord. He has accepted these. Our landlord is listed as a creditor on our filing as he has charged late fees and interest on amounts owed. He has threatened to evict us. Can he force us to evict in 3 days as California law states?
1 Answer from Attorneys
Re: Tenant Bankruptcy
landlord must file a motion for relief from stay in your bankruptcy case prior to serving a 3 day notice to pay rent or quit. thereafter he can serve the notice to quit but after the three days has passed, he must file and serve an unlawful detainer. you than have 5 days from the date of personal service to file your answer with affirmative defenses. next the lanlord must set the case on the (ud) calander. within 21 days(ud's have priorty) the court will hear the case. if you lose, the trial judge will enter a judgment that includes an order for a writ of possession. the local sheriffs will serve that notice on you which will allow an additional 5 days to actually vacate. in theory you could file a second chapter 13, serve the sheriffs with a copy of the bankruptcy facing page and the whole procees would begin anew.(not recomended)
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