not a redneck, pays rent

[zoepan]

Ok, how long should it take to evict a redneck, pickup truck driving, ****kicker, who filed bankruptcy from an apt.? I am a tenant in the building(NJ) and my LL has been trying to get them out for 5months w/o rent.They files last month. I need to know if I should start packing.

 

[LL]

Oh Boy, you need to talk to djdj.

 

[djdj]

HERES the BAD news......

If the landlord wants to try and collect any money from that lowlife redneck, then he has to wait until the bankruptcy procceding are finalised to see if he gets any money.

If the landlord wants only Posession of the apartment, and is willing to eat the loss, he should get it very quickly.

5 months well..he should have tried to get them out months ago, since they just filed for bankruptcy, but he wants his money, so they stay......bad choice.

[Edited by djdj on 02-09-2001 at 12:23 AM]

 

[zoepan]

Thanks, dj, you hot piece of meat. He tried 3mo. ago and screwed up the paperwork, went back early Jan, and the cousin daters filed the Day before. Nice move on their part, but in the meantime, while they're scraping roadkill for dinner, we are experiencing their wrath, (as they think it's our fault somehow).No emoticons for me,just wanted to know if if it was worth it to stay, my lease expires in 3 months and I'd rather not move if I don't have to.

 

[LL]

If the landlord wants only Posession of the apartment, and is willing to eat the loss, he should get it very quickly.

That isn't right.

How has the landlord been trying to get this guy out? Did he file an eviction suit?

Filing of the bankruptcy proceeding will stay any legal proceeding against the tenant. But the landlord can petition the bankruptcy court to let the eviction proceed because the eviction doesn't involve any issues of how to dispose of any money that the tenant may have left. The tenant can oppose this by claiming that the leasehold interest in the property is part of his assets, but the bankruptcy judge knows how important it is to get the tenant out before more uncollectable debt piles up.

For getting his unpaid rent, the landlord has to stand in line with all of the other creditors.

 

[zoepan]

Thanks, LL, he is willing to eat the monetary loss, he just wants those scammers who only paid 2mo. rent out of the house.He doesn't want to lose us as tenants, although he knows how close he is.Thanks for your speedy reply. Still pining for dj, the white trash hater.

 

[djdj]

thanks for the Hmmmmmm...... compliment.......

I now you dont want to move, but lets face it they are not going to be happy campers for a long long time..... they know now the shoulda paid a good lawyer to do the work and they would not be in this mess, chances are they dont have the money to give you back your deposit, if they are really struggling,

So since you have 3 months, why not start learning how to auction your stuff off on http://www.ebay.com and raise some cash, and let some other tenant deal with this...

And they will probably apologize when they offer you a renewal, at maybe a $300 or more a month increase to help cover their loss, so instead of dealing with that.....i guess you should force yourself into thinking about moving.

I think the writing is on the wall...

 

[djdj]

To LL:

You are right it is two separate actions, but he has to file for possesion only, in Housing court at least here in NYCity, the landlord probably filed for eviction and for money as well, and of course it is stayed.

But if he had a lawyer the aparment would have been empty by now.

 

[zoepan]

The writing will be on the wall when I'm done. Well, not really. Thanks for your response, hotty, after I'm done in a certain chat room (djdjfans)I'm looking for a better dump.