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Out of state (NY) land lord not returning security deposit for NC rental

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ShowMeTheMoney

Junior Member
I live in North Carolina. Landlord live in New York.

The home I am renting from him was foreclosed by the bank in November (landlord received November Rent). Landlord is an individual, not a business/corporation. We have since signed a new lease (starting December 1) with the bank through the end date of our previous lease with the landlord, and have been paying the bank rent. Prior to this we have always been excellent tenants, paying on time, no damage to property etc.

Landlord ignoring all attempts at contact after I initially asked about the security deposit the first week of December. At that time he claimed he was unsure that he owed us the security deposit and would contact us soon after he "figured it out". Has ignored all calls since, despite threatening legal action via voice mail. Representative from the bank did walk-through of the house and noted no damage on his evaluation.

EDIT: I asked the bank if they obtain the security deposit with the foreclosure, he said they do not and that the issue is between the LL and I.

#1: Can I file in NC?

#2: I keep seeing things about suing for 2x and 3x the amount? On what basis am I entitled to extra money (if I even am)?

#3: I assume I am also able to sue for all court costs (and travel costs if I have to sue in NY?)?

#4: Once I win the settlement, what happens if he is unable/refuses to pay? He defaulted on payments for this house, so I assume there are financial issues for him. (I am certain the court will rule in my favor, I have every document necessary to verify transfer of ownership from LL to bank, receipt for initial security deposit, etc)
 
Last edited:


BL

Senior Member
I live in North Carolina. Landlord live in New York.

The home I am renting from him was foreclosed by the bank in November (landlord received November Rent). Landlord is an individual, not a business/corporation. We have since signed a new lease (starting December 1) with the bank through the end date of our previous lease with the landlord, and have been paying the bank rent. Prior to this we have always been excellent tenants, paying on time, no damage to property etc.

Landlord ignoring all attempts at contact after I initially asked about the security deposit the first week of December. At that time he claimed he was unsure that he owed us the security deposit and would contact us soon after he "figured it out". Has ignored all calls since, despite threatening legal action via voice mail. Representative from the bank did walk-through of the house and noted no damage on his evaluation.



#1: Can I file in NC?

#2: I keep seeing things about suing for 2x and 3x the amount? On what basis am I entitled to extra money (if I even am)?

#3: I assume I am also able to sue for all court costs (and travel costs if I have to sue in NY?)?

#4: Once I win the settlement, what happens if he is unable/refuses to pay? He defaulted on payments for this house, so I assume there are financial issues for him. (I am certain the court will rule in my favor, I have every document necessary to verify transfer of ownership from LL to bank, receipt for initial security deposit, etc)
When property changes ownership the security deposit is also supose to be given to the new landlord by the old landlord.

I'm not sure if that is suppose to happen in forclosers but talk to the bank about it and if it also law in forclosers ,the bank has lawyers that can go after the security deposit .

If it is also law in forclosers you should not have to give the new landlord another Sec. Deposit.
 

ShowMeTheMoney

Junior Member
When property changes ownership the security deposit is also supose to be given to the new landlord by the old landlord.

I'm not sure if that is suppose to happen in forclosers but talk to the bank about it and if it also law in forclosers ,the bank has lawyers that can go after the security deposit .

If it is also law in forclosers you should not have to give the new landlord another Sec. Deposit.
I asked the bank about this. The guy told me that they DO NOT take the security deposit and that the issue is between the landlord and I. The bank waived the security deposit for me.
 

BL

Senior Member
I asked the bank about this. The guy told me that they DO NOT take the security deposit and that the issue is between the landlord and I. The bank waived the security deposit for me.
I beleive you are entitled to sue in the location the property is in.

I do not know how small claims works in your State .

Ask the clerk of small claims .

You will need the name and adress of your prior landlord and proof the SD was paid.
 

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