Tenant Bankruptcy Affecting The Eviction Process in California

A tenant bankruptcy can change and delay the eviction process for the California landlord.

A tenant’s bankruptcy does not by itself terminate the lease, even if the lease says so.  Any clause in the lease stating such is unenforceable.  In fact, a tenant bankruptcy results in an automatic delay of the eviction!

If the tenant files for bankruptcy, the automatic delay takes immediate effect upon the filing of the bankruptcy petition, whether or not the landlord is aware of the tenant bankruptcy.  As of the tenant bankruptcy filing, and unless the court grants relief from the delay, the landlord cannot begin or continue to evict a tenant.  This is unfortunate news for the landlord trying to evict a tenant for a valid purpose.

There is an exception to the automatic delay in the case of a tenant bankruptcy in California: A tenant’s bankruptcy does not delay a residential eviction if the eviction judgment was obtained before the bankruptcy filing.  This exception applies 30 days after the bankruptcy filing.

There is another exception if the property is being harmed by the tenant or if there is the use of illegal substances on the property.  This exception applies 15 days after the landlord files a required certification.

Other blog posts relating to evictions in California can be found here:

Contact the Law Office of David Piotrowski to begin your eviction today.

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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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