My landlord's filing bankruptcy & harrassing me for rent

[druse]

What is the name of your state? Tennessee.
If my landlord files for bankruptcy should I pay my rent? I have recieved calls from my landlord harassing me wanting me to pay rent, it's not due yet, but they want it now. I've have also been threatend with an eviction notice if I don't comply with their wishes. What should I do?

 

[ihatearizona]

What is the name of your state? Tennessee.
If my landlord files for bankruptcy should I pay my rent? I have recieved calls from my landlord harassing me wanting me to pay rent, it's not due yet, but they want it now. I've have also been threatend with an eviction notice if I don't comply with their wishes. What should I do?

Just because your landlord has filed for bankruptcy it doesn't give you the right to not pay your rent.

As for them harrassing you for non-payment, what does your lease agreement state for a due date? I hope you're not relying on a grace period.

 

[druse]

reply

The rent is not yet due, and I am not going to rely upon a grace period. Can you direct me to any information regarding my rights as a rentor/leasor in this situation?

 

[ihatearizona]

Click on the link for the TN landlord tenant act: (It's the 3rd one down)

http://secure.uslegalforms.com/cgi-bin/forms/query.pl?S-T-TN-B-law~summary~lt

 

[InsulinRules]

If the rent is not due, sounds like the landlord is attempting to frontload the BK.

I had this happen as a tenant of a commercial building. Landlord went BK, sent letters demanding rent and two days later the trustee sent letters demanding rent and both claiming priority and threatening legal action. Since the rent wasn't due yet, I waited a bit, and sure enough, another management company sent letters to all the tenants claiming THEY were appointed by the court to collect rent.

I sent a letter back to all three, pointing out that:
1) rent was due on a certain date
2) the lease stated that rent was to be paid to the landlord or his assignees
3) neither the trustee nor the new manangement company had established that they were the bonafide assignees.

Couple days later, the trustee sent me a case commencement notice and a letter that as trustee he was collecting the rents according to contract. So I sent him a check.

 

[ndnicks]

I think I'm still al il confused. Does this mean that in this situation a landlord can demand rent to be paid in advance, legally, and that you as a renter are required to pony up the money before your due date has even arrived?

 

[Who's Liable?]

No... jsut the opposite... You are not obligated to pay rent before the day it is due... It is up to you to decide when you want to pay rent as long as it falls on or before the due date...

In essence, if the due date is the 1 of January, and he is demanding that you pay before the first, tell him to pound sand and he will get his rent on January 1...