redfaction37
Junior Member
What is the name of your state (only U.S. law)? MO
In October, I learned the house I was renting was going to be foreclosed on 11/30. In Missouri, foreclosures terminate the lease agreement between landlord and tenant. After finally receiving notice that the house was actually foreclosed on, I contacted my landlord to ask him when I could expect to receive my security deposit back (Missouri law provides 30 days for the landlord to return the security deposit). He emailed me back stating that he was "in Chapter 7 bankruptcy and released from all contracts and related debts or financial obligations...I regret to inform you that I don't have the security deposit to give you." After doing some additional research, I learned that he was discharged from his obligations under Chapter 7 on 8/30. Our lease did not terminate until 11/30. Technically, I am not owed the security deposit until 12/30. Can I still file claim against my landlord for a wrongfully withheld security deposit? If I did, would he be protected by his Chapter 7 discharge?
Thanks for any advice!
In October, I learned the house I was renting was going to be foreclosed on 11/30. In Missouri, foreclosures terminate the lease agreement between landlord and tenant. After finally receiving notice that the house was actually foreclosed on, I contacted my landlord to ask him when I could expect to receive my security deposit back (Missouri law provides 30 days for the landlord to return the security deposit). He emailed me back stating that he was "in Chapter 7 bankruptcy and released from all contracts and related debts or financial obligations...I regret to inform you that I don't have the security deposit to give you." After doing some additional research, I learned that he was discharged from his obligations under Chapter 7 on 8/30. Our lease did not terminate until 11/30. Technically, I am not owed the security deposit until 12/30. Can I still file claim against my landlord for a wrongfully withheld security deposit? If I did, would he be protected by his Chapter 7 discharge?
Thanks for any advice!