Legal Question in Landlord & Tenant Law in Georgia
I have a commercial building with a tenant that I started an eviction on. He declared bankruptcy a few days later, so I understand there is a stay on the eviction now. I know I need to get it lifted, but it will take quite a long time and more money and it's unclear the court will do this for me. However, he has not paid rent for the month after he has declared bankruptcy. Can I start a new eviction on this new debt and get around the stay that way?
2 Answers from Attorneys
You really don't have a choice but to see a bankruptcy lawyer. Based on your post, you have a good chance at getting the stay lifted but the more you delay or try to d it yourself the longer it takes to get rent from the next tenant. No you can't start eviction while the stay is in effect.
Since you filed the eviction before the bankruptcy filing, you should be able to proceed with the eviction.
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