Legal Question in Real Estate Law in California

My tenant said they filed chap 7 BK and terminated a 1 yr lease after 3 mos.

They abandoned property and gave me the key on 6 August.

As per lease agreement, they owe me July rent + August.

Because, I found a new tenant but they can only move in on 1 Sept.

They told me to contact a company called "Legal Helpers".

Where should I send the reconciliation of the sec deposit ?

Should I send that to her place of work or Legal helpers ?

Should I still sue tenant in small claims to collect ?

What else can I do to collect ?

Thanks


Asked on 8/10/10, 5:34 pm

2 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You need to find out if they are really in bankruptcy. If they have really filed Chapter 7, you would send the money to the bankruptcy trustee, and that is the person that you should deal with.

If they did not file bankruptcy, I would consult an attorney and sue. I would advise you to avoid anything called "legal helpers" just like you should avoid a medical clinic run in an alley.

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Answered on 8/15/10, 5:42 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I agree. Also, you can't sue in small claims or any other state court. While the bankruptcy case is pending, you can take no direct action to collect, but you can and should submit a creditor claim in the bankruptcy proceeding as well as return the deposit to the trustee.

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Answered on 8/15/10, 8:18 pm


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