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Updated over 6 years ago, 04/05/2018

User Stats

99
Posts
58
Votes
Sarah Buchanan
  • Landlord
  • Sioux Falls, SD
58
Votes |
99
Posts

Understanding what a history of bankruptcy in a potential tenant

Sarah Buchanan
  • Landlord
  • Sioux Falls, SD
Posted

I am having trouble filling one my C properties.  Tons of interest, especially since dropping the price, and people applying but not meeting criteria (income too low, etc).  I now have a tenant with high enough income and otherwise meets criteria who filed Chapter 13 bankruptcy in 2010 and completed in 2015.  Owned a home for 15 years which he just sold since he is relocating.  I know that "no tenant is better than a bad tenant" and have always just refused anyone with a history of bankruptcy, but I am trying to educate myself more on this.

I've tried reading on Bigger Pockets but just find people opinions and theories.  I've tried google searches but most websites explaining the details are very convoluted and difficult for me to understand (I do have a Masters degree and read a lot, but for some reason having trouble wrapping my brain around the complex bankruptcy laws).  My attorney is currently out of the office until next week and I'd like to find info asap.  Does anyone have any books or links they can recommend?  I'm specifically wanting to know if the "can't file bankruptcy for 7 year" rule applies from date of start (2010) or finish (2015).  And if there is anything as a landlord I can do to mitigate the risk of losing a ton of money if someone files bankruptcy since it appears you cannot legally evict someone once they file BK.  I'm considering asking for an extra large deposit (right now it's $1200 - will likely ask for $3500 to cover 2 months rent) but not sure if I can legally do so? Also, I'm reading that, even if I add something to the contract about being able to evict them in the case of BK, it's usually not enforcable.

I realize I will need to discuss the intricacies with my attorney when she's back, but in the meantime, I'd appreciate any personal stories/experiences anyone has had with this, or any reading materials you can recommend.

Thank you in advance!!

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