Isn't her supposed to pay rent on-time for the automatic stay to be in effect? 6 Answers as of August 16, 2013

My tenant has been making late monthly rent payments however, she doesn't owe anything from back rent. But two days ago (8/6/13) she told me she filed for bankruptcy on 7/9/13 and will not be able to pay on time this month's rent. I had no knowledge she was filing for bankruptcy or received anything from the court. My idea was of starting eviction process this month if she did not pay on time since she is always late on payment each month. Can I start the process of 5-day to pay or quit notice and eventually evict her since this rent period is AFTER she filed for bankruptcy?

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Dessy & Dessy, a Professional Corporation | Ronald D. Dessy
The landlord may not take any action against a tenant in bankruptcy, or for that matter, any other person in bankruptcy, unless the landlord gets relief from the automatic stay.
Answer Applies to: California
Replied: 8/16/2013
Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
She is obligated to pay rent on time to retain possession but that is not a condition of the bkry stay. You will need an order form the bkry granting relief from stay in chapter 13 and need to review the Statement of Intention in a chapter 7. The stay may terminate after 45 days.
Answer Applies to: New York
Replied: 8/16/2013
Law Office of Jack Longert, LLC | Jack Longert
How do you know she filed. If its with the official court notice, I would recommend you not start eviction. If you did not receive any formal notice (I.E. she just told you), there should be no reason not to go ahead. You probably should have legal counsel on this. Also, many of these posts say they are from Wisconsin when they aren't, I am only talking about an eviction in Wisconsin.
Answer Applies to: Wisconsin
Replied: 8/16/2013
Gateway Legal Group | Christian J. Albut
Once a Bankruptcy is filed you must seek a court order from the Bankruptcy court itself in order to take any action against the tenant for either collection of rent or eviction. Once a Bankruptcy is filed an automatic stay goes into effect and no action may be taken with a relief of that automatic stay. You can go to the Bankruptcy court and file a Motion for Relief of Stay - Unlawful Detainer. If that motion is granted then you may be able to proceed with an eviction.
Answer Applies to: California
Replied: 8/16/2013
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
You need a lawyer to help you deal with this.
Answer Applies to: New Jersey
Replied: 8/16/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    No, there is an automatic stay in effect. You need to get that lifted before you can take any action. You know, if she has been pay the late payment penalty along with the rent, you are doing pretty well. Why would you want to get rid of somebody who is paying, even if it is late? Think about it.
    Answer Applies to: Idaho
    Replied: 8/16/2013
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