Legal Question in Bankruptcy in California
if a tenant filed bankruptcy and rents, can they rent free
Asked on 7/09/11, 12:30 pm
1 Answer from Attorneys
Robert F. Cohen
Law Office of Robert F. Cohen
If the bankruptcy is successful, back rents will be wiped out from prior to the BK. But if the tenant failed to pay rent after the BK was filed, you may seek leave from the BK court to proceed with an eviction in state court. As it is a somewhat complicated area of law, you might want to consult with a landlord's attorney on your area. The cost probably would be worth it so that you can put a paying tenant in place. Thanks for asking on LawGuru.
Answered on 7/09/11, 12:45 pm