The bankruptcy process is a powerful tool that can halt any debt collection actions, such as evictions. However, it’s important to note that bankruptcy can only be filed before a writ is issued by the Housing Court.

How Does the Eviction Process Work in a Housing Court?

This is a series of events that can lead to eviction at the Housing Court:

1. The tenant stops paying rent or violates another term of the lease agreement.
2. The landlord may demand payment of the late rent within 30 days of sending a letter.
3. Rent is considered paid on time if the tenant does not default.
4. If the tenant fails to pay rent within 30 days, the landlord can file a complaint with the housing court in the area where the rental property is located.
5. The complaint explains how the tenant breached the lease agreement, such as failing to pay rent or engaging in criminal activity.
6. A summons is issued by the court, which informs the tenant of their right to contest the eviction.
7. The summons must be served to the tenant, and the complaint must be filed within seven days after the summons is issued.

This article was written by Alla Tenina. Alla is a top personal injury lawyer in Orange County CA, and the founder of Tenina Law. She has experience in bankruptcies, real estate planning, and complex tax matters. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user, or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.