Q: Need to evict tenant..no rent in 17 months...filed bankruptcy June 29..went to court today...she was allowed to stay

A: You need to retain an experienced Bankruptcy attorney to file a Motion to Vacate the automatic stay and if you have not done so already, then you need to have the attorney file a proof of claim. Once the automatic stay is vacated, then you need to retain a landlord tenant attorney to get this person existed. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.

A: Dealing with a tenant who hasn't paid rent for 17 months is incredibly stressful, especially when you're at risk of losing your own home. Filing for bankruptcy can complicate eviction processes, often resulting in delays. When your tenant filed for bankruptcy in June and then received a court judgment in July allowing them to stay for another six months without paying rent, it likely involved an automatic stay from the bankruptcy court.

The automatic stay prevents most eviction actions from proceeding until the bankruptcy case is resolved or the court grants relief from the stay. This can be incredibly frustrating, especially if the tenant’s paperwork seems unofficial. Despite this, handwritten documents can still be legally binding if they meet court requirements.

Your best course of action is to consult with an attorney who can review the specifics of your case, including the legitimacy of the tenant’s filings. They can help you understand your options for lifting the automatic stay or other legal remedies to protect your interests and property.