Legal Question in Real Estate Law in Georgia
Tenant evicted for lease violation files Bankruptcy to avoid eviction?
I notified a tenant that they were being asked to vacate two months before their lease expires due to violation of a ''crime-free'' agreement they signed.
The demand for vacating is in no way associated with their finances...in fact, they pay their rent in a timely manner.
The tenant has now (AFTER receiving this notification) filed for BANCKRUPTCY, and is attempting to stay in the apartment.
Since I am terminating the lease for reasons other than financial, and the bankruptcy was filed AFTER I notified them of the agreement violation, are they still ''untouchable?'' If so, when the lease expires may I demand they leave?
thanks,
--name removed--
1 Answer from Attorneys
Re: Tenant evicted for lease violation files Bankruptcy to avoid eviction?
The tenant is untouchable. You must obtain permission from the bankruptcy court to do ANYTHING to the tenant. If you do do anything without permission, you, technically, will be in contempt of the Bankruptcy Court. Called a skilled bankruptcy lawyer. Generally, upon proof, the Judge will "lift the stay" and allow you to kick the tenants out. Hugh Wood
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