Q: Trying to put rental safeguards in place to protect my property management client and having a hard time finding info.
I have an applicant for a rental property and the owner's on the fence. The applicants have great income, excellent rental history ... it's their actual credit report. Debt on debt on debt. Collections and lates on credit cards for days. Even still, they have a good credit score. Owner's highly concerned about the debt, as they make enough to pay it, but have stated personal, principal reasons why they won't. Because of their reasons, the only way I see to remove the debt is with a BK. Applicants did have a Ch7 from 2010, but they're eligible to file again and my client doesn't want to foot the bill while they wait for discharge. They have another adult child moving in with them ... if current applicants file Ch 7 the stay is in effect for THEM ... does it cover their daughter's obligation too? And if not, and they use the stay to not pay, can I evict only one tenant for non payment? This is clearly the most complicated application I've ever processed and it's driving me crazy.
A: Your client -landlord should have credit standards applicable to all applicants. Your narrative is not clear as to if they indeed filed again. That said, if the daughter is on the lease, but does not file bk, then it seems that she would be obligated for the rental payments and the automatic stay that your client is concerned about, would not apply to her. You would have to have an attorney file a motion for relief from stay to evict debtors protected by a bankruptcy stay.
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