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Old 07-08-2011, 07:17 PM
 
Location: Kingman AZ
15,370 posts, read 39,132,546 times
Reputation: 9215

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I think we just met the landlord all the stories are written about.
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Old 07-08-2011, 07:28 PM
 
40 posts, read 109,424 times
Reputation: 26
Quote:
Originally Posted by pommysmommy View Post
You called an attorney who told you what you wanted to hear. Good luck to you but better luck to your tenant who has probably become a victim of these tough economic times.
True, but I also called the US BK Courts.
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Old 07-08-2011, 07:30 PM
 
9,855 posts, read 10,421,014 times
Reputation: 2881
Quote:
Originally Posted by Sinister View Post
True, but I also called the US BK Courts.
If this tenant pays you rent, you can't evict just because he filed bankruptcy.
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Old 07-08-2011, 07:32 PM
 
Location: NW Las Vegas - Lone Mountain
15,756 posts, read 38,225,179 times
Reputation: 2661
Quote:
Originally Posted by Sinister View Post
True, but I also called the US BK Courts.
Make sure you get your story straight. BK is not grounds for eviction. And your lawyer is going to run into a BK lawyer. BK lawyers are often junkyard dogs.

What you want to avoid is running up your legal bill and your tenants to no good outcome.
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Old 07-08-2011, 07:58 PM
 
Location: Las Vegas
270 posts, read 535,336 times
Reputation: 212
Don't know a thing about Clark County Landlord/Tenant Court, BUT I worked in New Jersey LT Court for years before becoming a teacher. Laws have likely changed somewhat, but basic tenant rights are similar across the country to a large degree. If your tenant has children under 18, you cannot kick them out without a paper trail of at least six months and with serious, very serious, allegations on your side. (Bankruptcy filing is not an allegation or cause for removal in NJ). Be sure the attorney you spoke with is a LT specialist.

Another thought---perhaps the bankruptcy filing is your tenant's way of working through a terrible financial time. He or she may be able to consolidate debts, continue paying your rent (which is typically not excused by a bankruptcy court!), and may emerge financially healthier and a good tenant remains in your property. Rather than giving in to the fear raised by the word bankruptcy, perhaps you can work with your tenant.
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Old 07-08-2011, 08:00 PM
 
Location: Las Vegas
270 posts, read 535,336 times
Reputation: 212
Quote:
Originally Posted by dynimagelv View Post
I think we just met the landlord all the stories are written about.
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Old 07-08-2011, 08:16 PM
 
Location: Vegas, baby, Vegas!
3,977 posts, read 7,643,561 times
Reputation: 3738
Quote:
Originally Posted by Sinister View Post
I just contacted an attorney, the tenant will be kicked out.



Shame we don't have Rate this post negatively button.

Jonathan
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Old 07-08-2011, 08:32 PM
 
Location: Vegas
233 posts, read 498,311 times
Reputation: 229
Unless they owe you money, why would you want them out? They will have more money now then before most likely.
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Old 07-08-2011, 09:06 PM
 
40 posts, read 109,424 times
Reputation: 26
Just to be clear, the only reason I'm kicking the tenant out is because of no rental payment. I served them a 5 day pay or quit, and the next day, I got a email from their attorney saying that they have filed for Ch. 7.
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Old 07-08-2011, 09:35 PM
 
Location: NW Las Vegas - Lone Mountain
15,756 posts, read 38,225,179 times
Reputation: 2661
Quote:
Originally Posted by Sinister View Post
Just to be clear, the only reason I'm kicking the tenant out is because of no rental payment. I served them a 5 day pay or quit, and the next day, I got a email from their attorney saying that they have filed for Ch. 7.
All that was abated by the BK. If they miss their next rent payment you will be able to throw them out to the normal instant NV standard. But they have to miss a payment AFTER the bankruptcy.
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