Legal Question in Landlord & Tenant Law in Texas

Tenant filed bankruptcy

3 months ago I rented a townhome to a recently married couple. Yesterday I got letter from Bankruptcy court saying he filed for Chapter 13 and is declining to honor 18 month lease. Also got email from him stating he moved out 2 days ago, but wife stayed. They will be seeking a marriage annulment. I had no prior notice of any of this. Both signed the rental agreement. Rent is paid through the end of this month. Small deposit on hand. What is my recourse with either party? He states there is none and I'm SOL. She is unemployed but states her father may be willing to take over lease. Is she fully liable for lease, since he has bankruptcy protection? Most of his debts will be paid at 10% over 5 years, but he has elected to pay some in full( car, etc). Since no debt is owed, rent up to date, is he/she liable for cost of re-renting, etc.? Should thisbe included in bankruptcy filing?

Is it best to just evict her as soon as next rent payment is late or because one of the parties moved out? Please help. Thank you.


Asked on 1/26/05, 11:15 am

1 Answer from Attorneys
Sharon Campbell Sharon K. Campbell

Re: Tenant filed bankruptcy

If they both signed the lease, they are both equally liable. You probably ought to consult a bankruptcy lawyer. Did she file bankruptcy or was it only the husband? If only the husband filed, you can treat wife as tenant. If she does not pay, you may proceed with eviction. You can take no action against any party who is in bankruptcy without permission of the bankruptcy court.

Read more
Answered on 1/26/05, 12:33 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in Texas