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When either a landlord or tenant files for bankruptcy, there are two things that can happen to the lease. The landlord or tenant (actually, the trustee) can either: assume the lease, that is, allow the lease to continue in effect, or. reject the lease, which essentially terminates or cancels the lease.
This usually happens when a tenant stays after the lease is up, the lease is canceled, or the landlord thinks the tenant hasn't paid their rent. Disagreement has to be about the tenant moving out: An Unlawful Detainer decides if the landlord can take the property back from the tenant. The landlord is the plaintiff. The tenant is the defendant. If the defendant moves out before trial, the case is dismissed or, can be changed to a regular civil action. Only the Sheriff can physically evict someone: