My tenant has filed bankruptcy on 6/10/11 in Maryland. She has not return my calls or pay July's rent. I know she is protected by the Automa...

Question

My tenant has filed bankruptcy on 6/10/11 in Maryland. She has not return my calls or pay July's rent. I know she is protected by the Automatic Stay. Can I send her a formal late notice for July or Do I have to get the Automatic Stay lifted by the Bankruptcy court?

Answer

If she has not sent you July's payment yet, I believe you can assume she will not be making the rest of the payments. If you do not get August's payment on time, I would file a motion for relief from the stay so you can proceed with eviction.

Answer

You need to get stay relief to serve even the late notice, although a call to her lawyer to see what she intends to do would not be a stay violation.