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 allow the landlord to proceed with an eviction case. This is known as “lifting the automatic stay.” The landlord cannot continue with or even begin an eviction case until the bankruptcy automatic stay has been lifted. Once the automatic stay has been lifted, the landlord is allowed to go back to court for the eviction case.
Need help with an eviction in Los Angeles or San Francisco? Contact the Law Office of David Piotrowski today. Start the process of removing your bad tenant.
Read Attorney Piotrowski’s landlord book: “California Landlord Best Practices and Eviction Overview: An Easy-to-Read Guide Outlining Best Practices for California Landlords Plus a Summary of the Eviction Process.“