Can I Stop Eviction if My Landlord Files Bankruptcy?
Full Question:
Can I file a stay of execution for my eviction if my landlord has declared bankruptcy?
10/06/2009 |
Category: Bankruptcy |
State: California |
#18962
Answer:
The stay in bankruptcy applies to collection efforts by creditors of the person who files bankruptcy. There is no particular eviction protection for the tenants of a landlord solely on the basis of the landlord filing bankruptcy. The landlord, and the landlord’s bankruptcy trustee, cannot interfere with the use, possession, or quiet enjoyment of the apartment or premises. The amount and timing of payments remains the same. The tenant keeps all existing rights of renewal and extension.
Please see the following information for further discussion:
http://www.courtinfo.ca.gov/selfhelp/other/documents/mobilehome_residency_law.pdf
http://www.dca.ca.gov/publications/landlordbook/evictions.shtml
