We paid a deposit to private rent. The house was sold and we was kept on. Who pays back the deposit.?

Answer 1

Wow, a bunch of differant answers. In CA it would be the new owner, I don't know about other states laws regarding this though.

Answer 2

You will have an Assured Shorthold Tenancy (AST) unless you were specifically notified that it was something else. All fixed term AST automatically become monthly periodic ASTs when the fixed term expires. This monthly tenancy will continue indefinitely until lawfully ended. So your contract is still valid. If the landlord wants you to leave he has to give you at least 2 months written notice, which must expire on the last day of a month of your tenancy (eg if your tenancy started on the 20th of the month, then each month of the tenancy starts on the 20th and ends on the following 19th). If you do not do so he can then apply to court for an eviction order. Obviously, the landlord is free to give you notice and ultimately evict you, or he could sell with you as a tenant. If he did this, the new landlord takes over the tenancy, but he has exactly the same right to evict you. In most cases a property with a sitting tenant will not sell for as much, so most landlords will prefer to evict their tenant first and sell with vacant possession. If you think the landlord is being forced to sell then if you call his bluff on price he may give in. But he may be stuck in negative equity (or close to it), so he may not have the flexibility to drop the price.

Answer 3

you need to check your state/provincial/country laws. Google has 'em.

not all of 'em are the same in every circumstance and we don't clearly know the circumstances.

***
In general, oldest agreement relating to a property takes precedence over a newer one, unless the law says otherwise.

Example: in texas (I've checked this state), if a property is foreclosed on or otherwise turned over to the mortgage holder in lieu or payment AND the mortgage pre-dates your lease, the mortgage holder takes free and clear of any obligation related to your lease and you have to chase the old landlord for your damage deposit. [In this instance, the new owner can demand that you move out and the law specifies how long you have to do so from the date of his/its demand.]

Counter-Example: In some US states (I think this includes Florida), a sale to a new owner in the regular course of business requires that the new owner take on the landlord responsibilities of the old owner and your lease is valid and the new owner is responsible for your damage deposit [which the old owner had to give him at closing]. Some states allow the new owner to cancel the remaining portion of your lease on 30 days' notice, others do not. But, in all cases, if the old landlord made you a sweetheart deal on the lease [below market rent because you're his nephew's sister/brother, etc.] that lease is dead.


It is worth your while to google your laws and look for the situation that fits your circumstances.

Answer 4

I think you should have a new contract with the new owner - receiving your original deposit back from the previous owner.

To clarify this, I think you need to speak with your new landlord and see if there were any arrangements put into place when he purchased the property. It would put your mind at rest.

Ask your new landlord for a new tenancy agreement with him being named as the current landlord, and then you know exactly where you stand.

Answer 5

All such agreements should have been transferred to the new owner, and you should have an agreement to rent and receipt for your deposit, Take it up with the new owners next time you pay your rent; If he dose not have your deposit then the previous owner should immediately return it

Answer 6

Generally, the new landlord receives all security deposits from the former owner at the time of sale. Accordingly, your security deposit should be the responsibility of the new landlord when you vacate the premises.

Answer 7

The previous landlord must give the deposit back to the tenant. It is for the new landlord to make whatever arrangements with the tenant.

Answer 8

not sure but what we do when we rent and move out whenlease is done is dont pay the last months rent they have the deposit as the last months rent then

Answer 9

as of april 2007 the money regardless of when you paid it and to which landlord ...should have been put into Landlords deposit scheme brought in by the Govt.... to stop all those rogue landlords who were illegally holding on to deposits...if your landlord has not placed the money here he/she will be fined...but also see citizens advice...

Answer 10

The new owner, but I would contact your new landlord immediately and ask them that question. The old landlord should have transferred the money to new landlord, or OL should have transferred the obligations of the house to the new landlord. I would try to get it straight now.