Landlord filed bankruptcy In fort wayne Indiana?Ok my fiancee has been renting a house for 7+ years and 2 years ago the landlord said he was filing bankruptcy and told us to not pay anymore rent. He also stated to not leave the home until we heard something from the bank. It is now 2 years later and we still haven't heard anything from the bank. So my... |
You need several things to be a tenant under law:
1. A written lease
2. A payment of a good and valuable thing. Usually, this is called rent. ;) It must/should be at least $1 for whatever period the tenancy is. You can argue "for performing upkeep on the property" or some such, but you're on more dubious ground there.
If you have those two things then you are a tenant and protected by the federal 90 day notice rules. If you don't have those two things then you are a house guest and can be thrown out with no notice. Your state may give you more protection than that. Check.
If the landlord told you/whomever to stop paying rent then the new owners (if any) can't come after you for "back rent" because there *is* no back rent: the agreed amount was (apparently) zero. That better be in writing and signed. Anyone that tells you otherwise is clueless.
It's taken you two years to bother finding anything out about the situation? Really?
This is a potentially dangerous situation. I hope that he has a bank account with all that un-paid rent money. If the landlord tells the bankruptcy court that he has not paid for two years the court has a duty to the creditors to try and collect this money from him to pay to the creditors.
Example:
Tim owes Randy 40,000
Randy owes Scott 60,000
Randy files bankruptcy
Court collects 40,000 from Tim and pays it to Scott to "make him whole" again
Scott has no legal means to collect the other 20,000 owed to him; bankruptcy killed the balance.
If Tim does not pay then it can be put on Tim's credit report thus giving Tim bad credit.
I hope that he has been saving also so that when that knock on the door comes he has enough money to pay a deposit and one or more month's rent in advance. The new landlord might want to call the old landlord to ask if the rents been kept up to date (several of my clients with rentals tell me they do this and some even do criminal background checks and credit checks).
If your fiancee isn't concerned then perhaps you should think about finding a fiancee.
I had a girlfriend who liked Bud Light beer (I don't drink a drop) and she never gave a hoot about tomorrow's bills if she needed a beer. So here is what I came up with:
Bud Life: living for the moment, by the moment; piss on tomorrow.
I threw that fish back into the sea.
Good Luck
Even though you are not paying rent you still fall under the term tenant and would be covered by the landlord and tenant laws for your state. In most states if someone has been living at a residence for more than 30 days with the owners permission then they are legally entitled to 30 days notice to vacate in writing. If you're concerned about who now owns the house you might try going to the tax assesor's office for your county or checking their website online.
http://diylegalinfo.com/bankruptcy_Links.html has a lot of information on bankruptcy questions, how to handle them yourself and other information.
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