For any attorneys out there. The building I am living in was sold at auction. My new landlord told me there was no transfer of tenants last months rent or sec. deposit. Going to small claims court is an option but the former landlord would probably not show. what other alternative do I have to retrieve my deposits. These deposits were not put in a separate acct. I was told. The former landlord put the money in his personal checking acct. help what do I do!
2006-12-19 17:27:54 · 3 answers · asked by mscandura2003 2 in Business & Finance ➔ Renting & Real Estate
The State you live in has a department at the state level for landlord/tenant complaints. This is where you should turn first. Any law that I have ever encountered states that the previous lease overrides a new lease by a new owner until the expiration of that first lease. Hope you have a lease signed, by the way. Contact that department and first find out the laws in your state.
Best of Luck!
2006-12-19 23:33:37 · answer #1 · answered by Barbara 5 · 0⤊ 0⤋
Part depends on why the property was at auction. Foreclosure might have different rules than an estate or just a regular auction.
But, in normal situations, the new owner buys all the leases on the property, at least till they expire. As a result, it was HIS job to ensure that any last month's rent or security deposit was transferred in the closing. Again, this might not be the case in your auction scenario. However, the former landlord does owe you the money and you will have to sue him to retrieve those funds if the new owner did not receive them.
2006-12-20 10:16:04 · answer #2 · answered by kingstubborn 6 · 0⤊ 0⤋
The answer all depends on where you live, Different tenant acts have different laws.
2006-12-20 01:32:21 · answer #3 · answered by BlondeBarbie 4 · 1⤊ 0⤋