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Additional Details
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rachel p | My landlord said i have to get my deposit from my old landlord..? |
i rently moved out of an apartment, its been more then 30 day , i finelly got a letter from the landlord saying they dont have are deposit that we have to find the old landlord, the old landlord we cant find , can i still sue the new landlord for the deposit.. |
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Unique&Clever
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Yes you can. I used to work in an apartment complex. When a company takes over an apartment complex, it is their responsibility to transition all of the paperwork, rent monies and deposits for ALL tenants. When the transition took place into new managment, it was ultimately their responsibility to get the deposit to give back to you when you moved out. Sounds like they're pretty crappy landlords. You have every right to the money if your apartment was in good shape. It seems like they're trying to swindle you out of your deposit.
Go after them for it, if you need help, just email me Searching_for_my_adventure@yahoo.com |
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EQ
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Well, I don't have any links to support this, but if they took over the lease they took over the responsibility for your deposit, too. It's not your problem if they didn't think to work that out with the other guy when they bought the place. You have absolutely no responsibility to find the old landlord, and he wouldn't owe you anything if you did.
If you do a google search, you may be able to find a tenant's rights/advocacy organization in your area that can advise you. Most cities seem to have them. If you present the landlord with a copy of the law in your state, and let them know you have contacted the advocacy organization, you should be able to resolve it without going as far as court. Sounds like he hasn't been a landlord before and just doesn't have a clue. |
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Kevin H
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Sue the new one for it if they don't pony up your cash. They will have to collect from the old one if they didn't receive it when the property was transferred. That issue is not your problem and doesn't give them grounds to be out of compliance. Since they were your landlord when you moved it is their responsibility. They have to honor existing leases and follow landlord tenant laws for your area. Deposits should be returned in a reasonable time frame, usually 30 - 45 days, faster in some areas. |
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BoomChikkaBoom
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Yes, you can sue the new landlord for your deposit. It was their responsibilty to get all the deposits transferred at the closing.
Check the law in your state to see if you can get double or triple the amount as damages since it was wrongly withheld.
At every closing for rental properties, there is an assignment of leases and rents and a transfer of the security deposits. If your new landlord neglected to collect the deposits, it's his problem ... not yours. |
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Kdude
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Check your local landlord tenant laws but in NJ the first landlord is required to give the deposits to the second landlord. If the second landlord did not collect it they still owe it to you. Just because they were too stupid does not mean the can fail to pay you. BTW in NJ if they fail to return you deposit in 30 days without a valid reason for withholding it you can sue for double plus court costs and interest accumulated on the deposit (or what should have accumulated) plus interest from the 30 day point until you get paid as assigned by the court..
Query on "landlord tenant law" followed by your state abbreviation in Google or Yahoo search and read about your rights in your state. Also read about a Landlords rights and responsibilities it will tell you if the previous landlord was required to turn it over or not (I am sure he was) but even so you do not need to sue him the new landlords have to do that to recover what is due them.
I am currently sueing my ex-landlord for double my deposit as well as interest and damages due to his terroistic behavior when I was a tenant. I paid out $2400.00 and I am suing for $4800 plus damages so 7K boy is he pissed off (I am laughing so hard as is is a son of a female dog in heat.) He is a crooked SOB. |
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El_Nimo
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Your new landlord is trying to pull a fast one on you. If it is true that the new landlord didn't get the security deposit from the old landlord then it's the new landlord's problem not yours.
During the sale of the apartment, the new landlord should have been credited with your security deposit.
Send the landlord a letter and if he doesn't want to pay you then sue him in small claims court. He better have a good reason because then you can get double your security back. |
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kingstubborn
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The new LL should have gotten the money in the sales closing. Now he owes you the money. |
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Amanda H
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THe NEW Landlord is REQUIRED to pay you. When they buy the place, they inherit all expenses and deposits.
If he claims he doesn't have it-- that's his fault. He should have negotiated a lower sales price to balance that out.
Look up landlord tenant laws-- it should be addressed...and mail a copy to the new landlord. |
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westgaliberty
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He's trying to prey on you...that's all. File a complaint notice with the landlord and if he sees that you will pursue it...you should get it back. |
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DON S
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Sure can. |
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James R
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I am presuming that the landlords changed during the time you stayed there and that the new landlord is over the same apartment. If not skip to the second part.
If the landlord has changed over the same apartment because of a sale or management change for the property the yes the new landlord owes you your deposit. The deposit money should have transferred with the change of landlords. You will need proof that you paid a deposit in the first place. IE: The original contract stating the required deposit and any receipts of cleared checks.
Show these to the new landlord so he sees proof of original payment. If the landlord refuses the seek help from an attorney.
PART 2
If I have misread you question and the new landlord is for the new apartment and was not involved in the old apartment management then he will have no obligation to refund the deposit and you must seek the old landlord for your money.
I advise you to visit www.hud.gov
the site is free and gives anyone looking for more information on their rights as a renter, landlord, seller, or buyer a great source from the government.(this is a federal government site)
Generally Renters have more rights to back them legally than a landlord. |
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httnmrtt
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Depends upon your local landlord/tenant regulations. If your present landlord bought out the old landlord, they may possibly be held liable for any outstanding debts of the business. Check with an attorney, not these yahoos on Yahoo! |
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Joe C
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This doesn't sound right to me. I think that he had an obligation to turn it over to the new owners when the place sold. If he didn't disclose it, I don't know what to say. |
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Dee
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No, the new landlord had nothing to do with your old one! The old landlord should have transferred your deposit to the new one! |
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