Legal Question in Landlord & Tenant Law in California

How to evict a tenant who had filed a bankruptcy?

My dad tried to evict a tenant who didn't pay rent for awhile. The tenant just told the police officer that he had filed a bankruptcy in Apr 2005 before the scheduled eviction date. My dad didn't purchase this Oakland 13-units property until the end of 2005. So he didn't know about that.

Is there any way to legally evict the tenant?

The tenant is not answering the phone and is not willing to corporate.

Please help. Thanks.


Asked on 2/04/08, 4:45 pm

3 Answers from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: How to evict a tenant who had filed a bankruptcy?

Retain an attorney who specializes in bankruptcy.

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Answered on 2/06/08, 5:59 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: How to evict a tenant who had filed a bankruptcy?

Something's missing. When did the tenant stop paying rent? If it's post-BK (i.e. in 2007 or 2008), then the tenant can be evicted.

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Answered on 2/04/08, 5:36 pm
Stanley Moerbeek The Law Offices of Stanley L Moerbeek

Re: How to evict a tenant who had filed a bankruptcy?

Yes, there is a special procedure through the bankruptcy court that allows landlords, at whatever stage they are in the eviction process, to be given relief from the court-imposed automatic stay that prevents lawsuits, evictions, etc. from going forward. I suggest that it be handled by an attorney, since the filing requirements are strictly enforced.

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Answered on 2/04/08, 7:38 pm


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