Does a bankruptcy release her from our lease agreement? 22 Answers as of July 08, 2013

My tenant filed bankruptcy back in March and just now notified me (July) via a written note (certified mail) that she wants to move out and break the lease. Does a bankruptcy release her from our lease agreement? She is still living in my property but wants to move out asap. Thanks!

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Financial Relief Law Center
Financial Relief Law Center | Mark Alonso
Bankruptcy can and will terminate the lease which will discharge further obligations with respect to the lease, so essentially, yes, she is no longer responsible on the lease and is able to move out without having further liability on the lease agreement.
Answer Applies to: California
Replied: 7/15/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Yes, leases may be rejected in bankruptcy. If it a Chapter 13 case you might want to file a *proof of claim*, (a one page document asking to be paid in the case. You can find this form at the court's Web site).
Answer Applies to: California
Replied: 7/15/2011
The Law Offices of Alan M. Laskin
The Law Offices of Alan M. Laskin | Jared B. Gaynor
As long as no new paperwork has been signed after the date of filing - yes, the lease and contract therein is part of the BK.
Answer Applies to: California
Replied: 7/14/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Do you really want a tenant that can't pay the rent? That is likely the case. You're probably going to have to evict her eventually anyway for nonpayment of rent
Answer Applies to: Washington
Replied: 7/14/2011
Eric J. Benzer, Attorney at Law
Eric J. Benzer, Attorney at Law | Eric Benzer
It can but doesn't necessarily.
Answer Applies to: Maryland
Replied: 7/14/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    If you were lawfully notified of the bankruptcy then you can check with the trustee to find out what, if anything, happened with your lease. If you weren't properly listed and the lease obligations discharged, then the lease should still be in effect.
    Answer Applies to: New York
    Replied: 7/13/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    Yes. She probably gave you notice of the filing, and she doesn't need to retain the contract.
    Answer Applies to: Virginia
    Replied: 7/13/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Yes I'm afraid so.
    Answer Applies to: California
    Replied: 7/13/2011
    Hines Law Offices
    Hines Law Offices | Holly H. Hines
    Typically, a tenant will reject rather than assume their lease in their bankruptcy filing thereby discharging their obligations under the leaseleaving the landlord with a tenant in a tenant-at-will situation.
    Answer Applies to: Massachusetts
    Replied: 7/13/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    A lease must be disclosed in bankruptcy. If the debt is omitted it might not be discharged. However, if this was a no asset case it is most likely discharged.
    Answer Applies to: California
    Replied: 7/13/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    You would have to look at the bankruptcy documents to determine your rights.
    Answer Applies to: Florida
    Replied: 7/13/2011
    Dan Shay Law
    Dan Shay Law | Daniel Shay
    Yes, normally filing Chapter 7 releases a Tenant/Debtor from a lease. Tenant should have listed you on Schedule G as a lease holder and you should have received notice of the BK, but Tenant is still not liable - unless this is an asset case meaning the Debtor/Tenant had un-exempt assets that were distributed to creditors, but this is very rare.
    Answer Applies to: California
    Replied: 7/13/2011
    Law Offices of Alexzander C. J. Adams, P.C.
    Law Offices of Alexzander C. J. Adams, P.C. | Alexzander Adams
    You likely have a claim against her for post petition rent, but make sure you speak to an attorney with bankruptcy prior to sending demands to the tenant.
    Answer Applies to: Oregon
    Replied: 7/13/2011
    Law Offices of John J. Ferry, Jr.
    Law Offices of John J. Ferry, Jr. | John J. Ferry, Jr.
    The bankruptcy may discharge pre-bankruptcy debts, but you can still make a claim for post-filing debts such as rent since March. Whether or not the lease was negated by the bankruptcy may depend on the facts of the case, so you should run this past your lawyer.
    Answer Applies to: Pennsylvania
    Replied: 7/13/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    You can find out who that is from the court.
    Answer Applies to: New York
    Replied: 7/8/2013
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    The tenant can state in the bankruptcy petition that he or she wishes to cancel any contract, including a lease agreement.
    Answer Applies to: California
    Replied: 7/13/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Bankruptcy discharges the lease if the lease wasentered prior to Bankruptcy filing. You have the right to evict if no rent.
    Answer Applies to: California
    Replied: 7/13/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    If she properly rejects her lease in bankruptcy it does release her. Of course that also obligates her to leave.
    Answer Applies to: Georgia
    Replied: 7/13/2011
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