Legal Question in Landlord & Tenant Law in Georgia

Tenant holds up rent payment in Bankruptcy Court

My tenant just told me that he filed bankruptcy. He rents a house from me in DeKalb County, GA. I have not received notice yet from the bankruptcy courts. Will I be able to evict my tenant for non-payment of rent? Or will the courts allow him to stay in the rental house without paying, until the bankruptcy matter is resolved in the bankruptcy courts.


Asked on 1/26/07, 11:07 am

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Tenant holds up rent payment in Bankruptcy Court

No, the law will not allow him to stay rent free but you will have to file a motion in BR Court to get authority to evict. Realistically, it is a hassle and often leads to the loss of some rent, so you'll need to get a lawyer to do the necessary filing. Don't delay, as it may only lead to additional time the tenant will stay rent-free. Of course, the tenant may be able to pay now that he won't have to pay other debts.

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Answered on 1/28/07, 7:31 pm


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