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Residential Lease Agreement & Termination of Lease
I hope this helps you in some way. Three days ago the 2nd Circuit said a
rent controlled lease is exempt, i.e. not a bankruptcy asset. A bankruptcy
trustee cannot assume and assign the lease, so maybe the other provisions
of 365 don't apply to it as well. I have no idea. This holding is based
specifically on New York law. If I was a gambling man I would bet
California has a similar provision.
2nd Circuit:
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Help? Debtor has rent control apartment. He didn't pay the security
deposit or any late fees. Filed chapter 7. Now landlord wants relief from
stay to terminate the lease and go forward with eviction. The petition
does not have the lease listed. Is it an ongoing and post petition breach
that has not been cured and an MFR is required to evict the tenant on the
breach or .. . .
Its been over 60 days from the filing of the petition, and there is no
assumption of the two year written lease. So presumed terminated by
operation of law and now the landlord can give a 30 day notice to vacate,
but still needs MFR.
Anyone had experience with this kind of situation in a rent control
district, or would like to talk this situation through with me? Call me!
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (818) 554-9922
Help? Debtor has rent control apartment. He didn't pay the security deposit or any late fees. Filed chapter 7.rward with eviction. The petition does not have the lease listed. Is it an ongoing and post petition breach that has not been cured and an MFR is required to evict the tenant on the breach or .. . .Its been over 60 days from the filing of the petition, and there is no assumption of the two year written lease. So presumed terminated by operation of law and now the landlord can give a 30 day notice to vacate, but still needs MFR.Anyone had experience with this kind of situation in a rent control district, or would like to talk this situation through with me? Call me!R. Grace Rodriguez, Esq.OFF: (818) 734-7223CEL: (818) 554-9922
The post was migrated from Yahoo.