When a tenant files for bankruptcy in California, the bankruptcy laws forbid a landlord from enforcing the lease, meaning the landlord cannot serve a 3 day notice or proceed with an unlawful detainer eviction case. Once a tenant files for bankruptcy, the landlord is forced to go to bankruptcy court and request that the court …
Tenant Bankruptcy in California – Delay and Automatic Stay Read More
Your tenant stops paying the rent. In response, you file an Unlawful Detainer case against the tenant. The tenant files an Answer. Right before trial, the tenant files for bankruptcy. Does this chain of events sound familiar? It is happening frequently in and around Los Angeles, causing delays to the tenant unlawful detainer eviction case. …
Tenant Bankruptcy Will Delay an Eviction Unlawful Detainer Case in Los Angeles Read More
Tenant bankruptcies will automatically delay an eviction case. It is one of the worst things that can happen for an honest landlord trying to recover possession of his property and possibly some unpaid rent. Tenant bankruptcies have severe consequences to the tenant and his or her financial record, but in reality, many tenants do not …
Tenant Bankruptcy Will Automatically Delay an Eviction Case Read More
The landlord may request relief from the automatic stay for various reasons. Â One of the most commons reasons is to state that the tenant has no equity or interest in the property. Â In California, the majority opinion is that a lease is terminated for nonpayment of rent by the time the landlord files an eviction …
Relief from Automatic Stay in Tenant Evictions in California Read More
Normally, when a tenant files for bankruptcy, there is an automatic stay on eviction proceedings. Â However, there are exceptions to the automatic stay. Â The following outline provides exceptions to the automatic stay when a tenant files for bankruptcy in California, particularly with respect to California residential tenancies. Congress created an exception to the automatic stay …
Exceptions to Automatic Stay in Tenant Evictions in California Read More
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The Law Office of David Piotrowski
represents California landlords.
