Posted by Shirley on 7/22/07

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I hired a property manager to manage my townhouse. He
rented it to the current tenants who filed bankruptcy
before. Couple months ago, they started paying rent late
and didn't pay for any June rent at all. Under the leasing
contract, there is a clause saying "Lessor may terminate
this agreement due to nonpayment of rent." I talked to my
property manager and asked him to terminate the contract
since the tenants didn't pay for the June rent according to
timeline. But my property manager said that clause is
ineffective under the state law. I was so confused at this
time why would we put down something on the contract that
would be ineffective under state law. I took his words
since I assumed he is a professional in real estate
management. At the end, he suggested us to take the
eviction route. However, just one day before the eviction
court hearing, the tenants filed bankruptcy (ch. 7).

My question for my case if we had terminated the lease at
the first place, I won't be affected by the bankruptcy
declared by the tenants. Do I have a strong evidence to sue
my property manager for neglience? Moreover, I am a full-
time student with no income. Can I request the bankruptcy
judge to lift the 60 days automatice stay?

Re: Tenants filed bankruptcy 1 day before eviction court hea, 5/16/08, by Smart.

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