I've been renting a condo in California and the previous landlord defaulted and went through a Trustee's sale and now the lender (bank) is the new owner. I'm getting kicked out and so i asked the previous landlord for my deposit back and he says no because i broke the lease contract. I've been researching online and it says that in actuality the previous LL broke the contract first and that our lease terminates once the sale takes place. The sale took place in mid October and now my 60 days are up. I wasn't ever given cash for keys which i was hoping for and now I can't get my security deposit back either? What should i dO? do i take the previous LL to small claims? or do i complain to the bank? PLEASE HELP!! i'm tight on cash so i really need my deposit back..i just don't know who to go to?
How did your landlord "break the lease first"? Knowing that would help. If you owed him any rent, which you needed to pay until mid-October you broke the lease and he can deduct the rent from the deposit. You can take him to court. If you did keep up the rent payments he does owe you the deposit, in full, 21 days after you move out. You can not file suit until 22 days after you vacate. The landlord will also have to refund any court fees if you win....and you pay his if you loose. The bank does not owe you any deposit, as your lease offically ended the day the bank took over, they do not have to honor it. If you receive money from "cash for keys" it has no effect on your deposit. Your landlord would owe you the deposit just the same. Since you did not agree to move out right away you are not going to be getting any cash (usually 2k in CA).
DID you break the lease contract? Normally, those bad boys transfer to the new owner, and the old owner is supposed to transfer security deposits to the new owner, as well. If the old owner didn't transfer security deposits to the new owner - highly likely, as he was foreclosed upon, apparently - then you can get in line behind all the other creditors, trying to collect from the old owner. If you take him to small claims and get the judgement, getting the money is something else entirely. Unless you're talking thousands of dollars here, it's probably going to cost you more to try to collect, than it's worth.
Even when sold at an auction, if you have a lease [violated or not] it is the new owner's job to go to court to get you out. Rochester almost all states, that is the process. IF only you and the LL know you were tossed out, you have a new window of opportunity. UNTIL YOU get a court summons re eviction, you can stay. OF course, sue the LL for the old deposit and if you want, go through a lis pendens to lien the prop for the value of your deposit. IT is worth your time. Thus, if the LL does not reimburse you now, the new prop owner will have too. stay in touch with me. I will guide you.
My friend is going throughthe same thing. the prev LL owes you the money. the problem is that most leases are not legal at all. a lawyer would be best in this situation and the tenant often wins unless you have like huge house parties and got evicted for it or something along those lines.
Maximum states provide forty 5 days for a harm deposit return. as long as there have been no damages and offering you left a forwarding tackle with your previous landlord. your in basic terms selection could be to take her to court docket. touch an criminal expert in her city (after forty 5 days), ask for you complete deposit WITH court docket expenses and criminal expert expenses. you will no longer ought to bypass to court docket and additionally you will get all your funds lower back. she would have the capacity to ought to pay each and all of the expenses. stable success.
I'd go to the bank first and see what they have to say, then to small claims. In the meantime, check with the State Real Estate Board in Sacto. Good luck
Gonna have to take the guy to court and hope for a judgement.
Landlord owes it to you. Lots of luck getting it.
Uh whoever you gave the money to in the first place, duh. FYI the lender might ask for the deposit so you might have to give it up once you get it back.
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