Tenant Bankruptcy/Eviction Question

[William Butler]

Are you able to proceed with eviction if the following occurs? The tenant signs the lease and is living in the property, the tenant has a partner and two kids documented to be living with the tenant. The partner(girlfriend) files chapter 13 bankruptcy. Does that give this individual any right to stay in the property if she didn't sign a lease contract? The tenant has agreed to vacate the property but the individual who didn't sign doesn't agree to leave.

[Kim Meredith Hampton]

the Partner is not a party to the lease agreement, so should not affect Anything. I think it also depends on your States landlord tenant laws. How long have you noted she has been there and have you Physically or in writing posted  a legal notice to the resident that they have an unauthorized occupant living in the property? She could try and claim occupancy by having a utility in her name, mail coming there etc... I would speak with a landlord attorney to figure out your options