Charlottesville, VA asked in Landlord - Tenant for Virginia

Q: Can I have a tenant evicted who has not paid rent for over a year ?

This tenant refused to renew there lease last year stating they were moving and this fall filed bankruptcy.

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1 Lawyer Answer
F. Paul Maloof
F. Paul Maloof
  • Landlord Tenant Lawyer
  • Alexandria, VA
  • Licensed in Virginia

A: When the tenant/debtor filed bankruptcy and included in the bankruptcy the landlord as a creditor, there is an automatic stay on all existing claims by creditors against the tenant/debtor. If the tenant/debtor was discharged in the bankruptcy, all unsecured creditors are discharged/eliminated from all debts that the tenant/debtor owed. If you filed a lawsuit to have the tenant evicted after the discharge, you may be subject to sanctions and monetary penalties.

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