chapter 13/ renters

[Elaine555]

What is the name of your state? Fl

My renters filed for bankruptcy Chapter 13.
Can I still sell my house? Can I not renew their lease in September because of selling the house? Do I need to file with the court something now? They said they will "assume" the lease whatever that means. There is a court date in about a month.

Thanks,
Elaine

 

[Some Random Guy]

You can sell your house while tenants live there under a lease. However, the new owners will have to abide by the terms of this lease. The bankruptcy status of the tenants should not change that. They will continue to be liable for each month's rent since their bankruptcy prevents collection on existing debts, not new they are creating.

You can choose not to renew the lease in September, assuming the wording of your current lease allows that. There is no law which forces you to enter into new business relationships with bankrupt individuals.

Not sure what you need to file with the court, if anything. Perhaps one of the bankruptcy experts can chime in here.

Not sure if the tenant said "Assume" or "affirm"
Affirming the lease means that they will tell the bankruptcy court that they will continue to be obligated by the lease and will not be trying to end it early.

 

[Sebaatian]

You can always sell a rental at any time, leased or not.

The new owner needs to honor the existing lease, however. And you never have to renew a lease, unless for some reason your lease includes an automatic renewal? If you are wanting to sell, though- might want to rethink renewing the lease, since it's an obstacle to selling to other than an investor.