Should I still make payments on my rental property when my landlord has filed chapter 7 bankruptcy? 11 Answers as of May 24, 2011

My landlord filed chapter 7 bankruptcy. Should I still make the house payments to his mortgage company which includes taxes and insurance?

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Saedi Law Group
Saedi Law Group | Lorena Saedi
That depends. Your landlord may be keeping the property even though he or she filed Chapter 7. The best course of action would be to obtain consent to speak with the lender directly and confirm the status of the loan (is it in default or is it current). If the loan is current you may want to make those payment directly to the lender.
Answer Applies to: Georgia
Replied: 5/24/2011
Greifendorff Law Offices, PC
Greifendorff Law Offices, PC | Christine Wilton
Yes. Your landlord's bankruptcy does not get you out of your rental agreement or obligation to pay rent.
Answer Applies to: California
Replied: 5/23/2011
Palumbo and Kosofsky
Palumbo and Kosofsky | Michael Palumbo
That he filed for bankruptcy does not relieve you of your contractual obligation to him. If it did, then you could live there rent free. That would be inconsistent with basic contract principals.
Answer Applies to: New York
Replied: 5/23/2011
Cohen & Kendziorra, P.A.
Cohen & Kendziorra, P.A. | Robert S. Cohen
If you want to stay there, then you have to make your payments.
Answer Applies to: Florida
Replied: 5/23/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Just because the landlord filed bankruptcy does not mean he or she is giving up the property. You need to find that out first before you quit paying the rent.
Answer Applies to: California
Replied: 5/20/2011
    Burnham & Associates
    Burnham & Associates | Stephanie K. Burnham
    You can make the payments, if you would like, but you should be aware that if the Landlord does not intend to keep the property and it is foreclosed upon the mortgage company will likely evicted you rather than keep tenants in the property. You may be better off taking this time to find a new place.
    Answer Applies to: New Hampshire
    Replied: 5/20/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    The answer depends on who is entitled to the payment. The choices are the landlord, the lender or the trustee. If the landlord is keeping the property he would probably be the one to pay. If the lender has a provision in its note called "an assignment of rents" the landlord is entitled. If the trustee is going to liquidate (sell) the house he is the one. One choice is to set aside the payment in a separate bank account until it sorts itself out.
    Answer Applies to: California
    Replied: 5/20/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    Yes. His bankruptcy does not stop your obligation to pay. If you previously made payments to his mortgage company, you should continue to do so. If you previously paid to him, you should do so unless and until otherwise notified. Always keep proof of payment.
    Answer Applies to: California
    Replied: 5/20/2011
    Law Office of Harry L Styron
    Law Office of Harry L Styron | Harry L Styron
    I don't understand your question from the way you phrased it. If the property is, as you say, "my rental property" then how is it that there is a "landlord", and how is it that if there is a landlord you are the one make the house payments?
    Answer Applies to: California
    Replied: 5/20/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Your obligation to pay your rent is not impacted by his bankruptcy filing. Unless you want to be evicted, you must keep paying your rent.
    Answer Applies to: California
    Replied: 5/20/2011
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