What happens if I have a residential tenant whose lease expired 10/9 but filed for chapter 7 on 10/7? 7 Answers as of December 01, 2016

We have not received any rent since the end if lease on 10/9. We are not concerned with the money, we just want our property back.

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Stephens Gourley & Bywater | David A. Stephens
You will need to file a motion to lift stay to get permission to evict him.
Answer Applies to: Nevada
Replied: 12/1/2016
Garner Law Office
Garner Law Office | Daniel Garner
Since you have notice of the bankruptcy, you may not talk to your tenant about any past-due rent without permission from the bankruptcy court. The court fee is $181 to file the motion. It would be wise to hire a lawyer.
Answer Applies to: Oregon
Replied: 12/1/2016
A Fresh Start
A Fresh Start | Dorothy G Bunce
See a bankruptcy attorney to file a motion to lift stay, or if you can wait another month until the discharge comes in, you can proceed with an eviction once the discharge is entered. There are some strategies to get the discharged entered as soon as possible. BTW, you are entitled to sue for 100% of the rent that became due after 10/8.
Answer Applies to: Nevada
Replied: 12/1/2016
Patrick W. Currin, Attorney at Law | Patrick Currin
Because the tenant filed BK the automatic stay will prevent you from evicting him. You have to go to federal court and ask the judge for relief from the stay. The judge will grant you the relief and then you can file an unlawful detainer to evict the tenant.
Answer Applies to: California
Replied: 12/1/2016
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
First of all things: you really should retain a skilled bankruptcy lawyer, who can take the time to gather all the facts you have and research the law. It's almost always worth the investment. That said, if you gave the tenant the proper pay-or-leave notices under the law of your state, you should be able to obtain relief from stay promptly. While even that might not be necessary, it's definitely the safest course.
Answer Applies to: Wisconsin
Replied: 12/1/2016
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You will need to file a "motion for relief from the automatic stay." Most courts have "check the box" forms for this. Look at the local court web site. Make sure you select the right version of form. There is a fee for this motion. I don't remember what it is (it goes up tomorrow). The fees are also posed on the court web site.
    Answer Applies to: California
    Replied: 12/1/2016
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    You can evict the tenant. Call a few of the large apartment complexes, and ask what attorney handles their evictions. These attorneys do these evictions on a volume basis, and charge less.
    Answer Applies to: Colorado
    Replied: 12/1/2016
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