Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 9 years ago,

User Stats

9
Posts
1
Votes
Richard Alvarez
  • Investor
  • Vista, CA
1
Votes |
9
Posts

Tenant Bankruptcy -- delaying w Skeleton Bankruptcys -- 3rd party taking over space?

Richard Alvarez
  • Investor
  • Vista, CA
Posted

I need help and hope someone has tried this before. I have a tenant that has not paid for over 6 months rent (becoming dire), they continue with first a Skeleton Bankruptcy, followed by not completing the paperwork properly (30 Days) dismissed, then coming back with a real bankruptcy. Problem is, there are two parties on the lease and both have done this with personal bankruptcy, but now I fear they will now file business bankruptcy. It is a restaurant in Southern California and their chef has left and they have no business, but obviously this party has done this before. I already have a new tenant for the location, that wants to get in. When we have called the police, they don't get involved saying it is a civil matter. My new tenant would like to take possession of the premises, with their signed lease in hand and change the locks (the bad tenant is letting homeless people sleep inside at night). We think upon doing this, she will call the cops, but it is a civil matter and they won't get involved. She is so low on money that she took another job, working at night at a convenience store. Our concern, we are on the last leg of relief of stay and are worried it will piss off the judge and they will not grant relief of stay. Right now we are at the point of requesting the final relief of stay -- 20 days, then back to filing a 3 day pay or quit and unlawful detainer -- another 33 days. Now if they file business bankruptcy, that could delay an additional 20 days -- two and a half months -- could loose property. Has anyone taken possession of the property in that way?

Loading replies...