if a tenant files for bankruptcy then vandalizes the property, are they liable for the damage?

Answer 1

The first thing I would recommend is to actually discuss this with an attorney, preferably one specializing in real estate law. However, just because someone files for bankruptcy doesn't mean they get away from all their liabilities. You can (if it's small, perhaps by yourself or again, perhaps via a lawyer) file a claim in the bankruptcy court listing yourself as a creditor to the action. Depending on where you as a creditor are prioritized, you may receive something for your damages.

Answer 2

If the property is vandalized after a tenant files bankruptcy, then Yes, they are liable for the damage. If it's damaged before filing bankruptcy, and it's listed in the bankruptcy papers when you file them, then it's covered by the bankruptcy.

Answer 3

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RE If a tenant files for bankruptcy then vandalizes the property, are they liable for the damage?

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Answer 4

I would say yes. I would also file criminal charges against the tenant. Let's say he filed bankruptcy on Nov 01 and damaged the property on Nov 10, that to me suggests after the fact action.
If I didn't get my money for damages out of the tenant I would do every thing in my power to get his/her actions on public record.
Since beating the brakes off this tenant would get you in trouble also, I would definitely prosecute him/her and get him/her removed from your property.

Answer 5

Yes, I believe so because if you go to court and get a judgment, it cannot be included in a bankruptcy.......otherwise loads of people would file bankruptcy to get out of court ordered obligations. Document the damage well with video, photos etc. and sue them.

Answer 6

If they file, and THEN cause damage, the debt is a new debt. They should be liable.

Answer 7

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