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  1. #1
    mr_Goodbomb is offline Member
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    New landlord won't return security deposit

    What is the name of your state (only U.S. law)? WV

    I have lived in this single apartment for almost 2 years. My previous landlord apparently couldn't pay the mortgage, and it was foreclosed on, at which point a new owner immediately took possession. Instead of booting everyone, she kept everyone who wanted to continue living in their location on what was basically the original rent, same price, same time periods, etc. With the previous landlord, we were month-to-month, the lease was pretty much a receipt, and the new lease was pretty basic, as well.

    I sent her a letter telling her I would be moving out at the end of the month along with my rent for this month. She responded with a letter telling me that, because she didn't receive the original security deposit, she would not be returning it. So, essentially, I'm out a security deposit. Is this right, can she do this? She seems to have just nonchalantly said I won't be getting it back, and good luck in the future.
  2. #2
    CreativeBlock is offline Member
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    I can't find any WV specific statutes (and Obama's "Protecting Tenants at Foreclosure Act" doesn't cover security deposits) but most law websites I've found states that your security deposit should have been transferred to the new owner, so she would owe you the deposit.

    Other state sites say that the previous landlord/owner should have given you your deposit back within 5 days after the foreclosure was completed.

    I have no answers, only suppositions. I hope someone else will come along with better, more conclusive answers.
  3. #3
    mr_Goodbomb is offline Member
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    This happened once before. The apartment I lived in prior to this one, the building was foreclosed on, but it was kept by the bank. We were evicted by the bank, and the landlord skipped town. Luckily, the bank offered us a settlement that was about the same as our security deposit, but the landlord used that as his out, even though they didn't compensate us in his money, so he basically got to run out of of town with every tenant's security deposits.

    This time, it's a bit different, because there was a transfer from one landlord to the next. If nothing else, I'll just live here another month.
  4. #4
    swrdmbo is offline Member
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    I thought you said it was foreclosed on. If that is the case it was not from LL to LL it was from LL to bank to new LL. It is probably the absolute truth that the new LL did not receive any of the deposit money. The previous LL probably kept it or had it spent long before the foreclosure( illegal I know but I am just being realistic).

    So your complaint about the deposit is with the previous LL. You entered into a new agreement with the new LL. You do not get to live there a month for free just because the previous landlord did not return your deposit. You may find that you will be evicted if you try to stay there an additional month without paying rent.

    It is unfortunate, and yes unfair, that this happened to you but it is DEFINITELY NOT the new landlord's fault! You are holding the wrong party responsible for the return of your deposit.
  5. #5
    Who's Liable? is offline Senior Member
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    Quote Originally Posted by mr_Goodbomb View Post
    What is the name of your state (only U.S. law)? WV
    I sent her a letter telling her I would be moving out at the end of the month along with my rent for this month. She responded with a letter telling me that, because she didn't receive the original security deposit, she would not be returning it. So, essentially, I'm out a security deposit. Is this right, can she do this? She seems to have just nonchalantly said I won't be getting it back, and good luck in the future.
    Your beef is with the previous LL, and not your current one. As stated before, If the house was indeed foreclosed on than the bank had possession before your current LL. Pretty much guaranteed the SD was never given to the bank.

    You will need to sue your previous LL to obtain your deposit back. Start off with sending them a letter CRR with your forwarding address as well as a demand for the SD minus any legal deductions. Move out as required and document the apartment thoroughly. Than after the proper amount of time has passed per your states LL/T laws for your LL to return the SD, than you may bring legal action.
  6. #6
    mr_Goodbomb is offline Member
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    I called the previous landlord, he said, as part of the settlement, he gave the new landlord a lump sum for all of the security deposits for all tenants. I asked if I could get that in writing, he's mailing me a copy of their agreement paperwork, with this information included. I can't see how he could be lying if this is the case, and he's always been a cool guy. So I assume the new landlord is lying?
  7. #7
    Zigner is offline Senior Member
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    Quote Originally Posted by mr_Goodbomb View Post
    I called the previous landlord, he said, as part of the settlement, he gave the new landlord a lump sum for all of the security deposits for all tenants. I asked if I could get that in writing, he's mailing me a copy of their agreement paperwork, with this information included. I can't see how he could be lying if this is the case, and he's always been a cool guy. So I assume the new landlord is lying?
    Wait to see the paperwork you are sent. Then, if nobody steps up to the plate, sue BOTH LL's. In any case, you need to pay the last month's rent and NOT expect to "live out" your security deposit.
  8. #8
    BobFlannagan is offline Member
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    Quote Originally Posted by Zigner View Post
    Wait to see the paperwork you are sent. Then, if nobody steps up to the plate, sue BOTH LL's. In any case, you need to pay the last month's rent and NOT expect to "live out" your security deposit.
    I agree ... let the judge figure out who coughs up the money.
  9. #9
    CreativeBlock is offline Member
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    Quote Originally Posted by BobFlannagan View Post
    I agree ... let the judge figure out who coughs up the money.
    I'm sure Zigner was breathlessly awaiting your approval.
  10. #10
    mr_Goodbomb is offline Member
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    Quote Originally Posted by CreativeBlock View Post
    I'm sure Zigner was breathlessly awaiting your approval.
    I'm sorry, but why is everyone here such an unmitigated and deliberate douche to eachother?
  11. #11
    auburnmathtutor is offline Junior Member
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    ^ If not us, then who?
  12. #12
    CreativeBlock is offline Member
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    Quote Originally Posted by mr_Goodbomb View Post
    I'm sorry, but why is everyone here such an unmitigated and deliberate douche to eachother?
    I'm being a "douche" to a regular poster who constantly not only gives bad advice (to those not versed enough to know it's bad advice) as well as one who just recently poked fun at Congresswoman Gifford's shooting (which killed, among others, a 9 year old child).

    Here's a mild taste (it's the most recent and I'm too lazy to find more):

    Quote Originally Posted by BobFlannagan View Post
    What is the name of your state (only U.S. law)? USA

    Several congressman want to pass a law saying that no concealed guns are permitted within 1000 ft of any congressman.

    Aside from being over-reacting to a single congressman getting 1/2 her head blown off (eh? it happens ... who has not been shot, right?) would this pass constitutional muster?

    I asked my congressman if he was worried about being shot in the back of the head & he said "only a little bit" and I said "Good! See the 2nd amendment works! To keep you guys in check".
    Last edited by CreativeBlock; 01-14-2011 at 09:35 AM.

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