31 Oct Tenants’ Rights When Landlord Files Bankruptcy
What are a tenant’s rights when a landlord files for bankruptcy protections? Here’s good news for the tenant.
A renter keeps all rights under a lease when a landlord files a bankruptcy case. The landlord, and the landlord’s bankruptcy trustee, cannot interfere with the use, possession, or quiet enjoyment of the apartment or premises. The amount and timing of payments remains the same. The tenant keeps all existing rights of renewal and extension. This was the ruling in In re Haskell, L.P., 321 B.R. 1 (Bankr.D.Mass. 2005), based on 11 U.S.C. 365(h)(1)(A)(ii).
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