Legal Q&A: Can I evict tenant who just filed for bankruptcy?


Question: One of my tenants has notified me that she has filed for bankruptcy. She has not paid her rent this month. Can I proceed with an eviction?

Answer: Once a tenant files for bankruptcy, he or she will be entitled to an automatic “stay” of any legal proceedings against him or her. This includes an unlawful-detainer action.  You will be required to file a motion for “relief from stay” before serving any notices or bringing an eviction action.

Question: I have an applicant who wants to bring her cat with her to the apartment. Can I require her to declaw the cat before bringing it onto my rental property?

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