Real Estate Law (esp. Landlord-Tenant)/Landlord filing bankruptcy


I hope you can answer my question.  My landlord has to file bankruptcy and I live in one of her rentals. The bankruptcy will include all the rentals since they are all on one property.  What happens to my family and me?  Will the bank give us notice to vacate?  What if someone else does buy the property; can they make us leave?  Our landlord only rents by the month, though I have rented from her for 2 years and would rather remain where I am.   Can you offer any information and/or advice?

Thank you.

Hi Lynette,

Each bankruptcy situation is different.  You should open up a dialogue with the landlord if you have not already done so.  Typically, the landlord can assume or reject an unexpired lease.  Since you have a month-to-month tenancy, regardless of whether there is a bankruptcy or not, you could be required to leave after being given proper notice.  Talk to the landlord and see what his intentions are.  You may also want to seek the assistance of a local attorney.

Thanks for your question!

David Piotrowski
Attorney at Law

*No Attorney/Client Relationship and No Legal Advice -

Nothing contained herein is intended to be, nor shall be, legal advice. The above information is not intended as a solicitation and is not intended to be legal advice.  It is your responsibility to seek out competent legal advice from a qualified legal professional before making any decisions relating to your issue.  The hiring of an attorney is an important decision and should not be made based solely on advertisements.

Real Estate Law (esp. Landlord-Tenant)

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David Piotrowski, Esq.


My landlord/tenant practice primarily assists California landlords with all aspects of the landlord/tenant relationship including leases, contract violations, non-payment of rent, and evictions. I can also advise, on a more general level, other real property issues.


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Juris Doctor (JD) and Member of the State Bar. Attorney.

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