Legal Question in Landlord & Tenant Law in California

Hello. I was about to start an eviction against a tenant and she filed bankruptcy Chapter 7. I was granted relief from the stay to proceed with the eviction. Her bankruptcy is still ongoing. Can I legally request money judgement on the UD complaint? If I am granted a money judgement, when can I start collection process? Only after the bankruptcy is completed? Also, I am about to fill out the 3-day notice. What rent can I legally demand at this time? Can I only demand payment of post-petition rent? It seems that demanding pre-petition rent (and perhaps even demanding post-petition rent) is a collection procedure itself. I am confused and don't want to mess up the 3-day notice. Thanks

Asked on 2/16/14, 10:43 am

Armen Tashjian Law Offices of Armen M. Tashjian

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You're not entitled to money judgment, only possession of the premises.

Answered on 2/16/14, 10:49 am

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