Automatic Stay on Evictions When Tenant Files for Bankruptcy in California

If your tenant files for bankruptcy in California, an “automatic stay” occurs.  Basically, this means that your eviction case will be put on “hold” until the bankruptcy is resolved or until  the landlord can get permission to move forward with the eviction despite the bankruptcy proceeding.

Failure to abide by the bankruptcy laws can result in sanctions or contempt.

If the tenant files for bankruptcy, he/she should immediately notify the state court that is handling the eviction and attach a copy of the order evidencing the automatic stay.  The usual practice is to attach a copy of the file-stamped bankruptcy petition or the notice to creditors.  When the stay is no longer in effect, the party who filed the original notice of the stay is required to provide notice that the stay is no longer in effect.

Only the bankruptcy court can provide relief from the automatic stay; the stay cannot be waived, modified, or changed in advance through contractual provisions.  Any lease provisions purporting to do so is unenforceable.

A tenant bankruptcy in California prevents the landlord from enforcing the lease, serving a 3 day notice to cure a default or quit, filing an eviction case, continuing an eviction case filed against the California tenant, or proceeding with an eviction by writ of possession.

The Law Office of David Piotrowski represents landlords throughout southern California and can assist with a tenant eviction.

Click here for more eviction blog posts.

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This article is courtesy of the Law Office of David Piotrowski, a California law firm representing landlords with eviction matters.

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The Law Office of David Piotrowski

represents California landlords.

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