Does my current landlord owe me a refund of the security deposit that I paid to the previous owner?

The propery was sold when I was residing in the home. Once the property was sold, the new owner and I signed a new lease. Then 3 1/2 years later, I gave the new owner a 30 day notice and moved. After we completed a walk-through of the home, he refused my security deposit. On that note, the new lease included the security deposit which I paid the previous owner.

Asked on March 20, 2012 under Real Estate Law, South Carolina


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Generally speaking, a tenant's security deposits are supposed to be transferred to the new owner upon the sale of the property.  So here is what I would do: sue in small claims court.  It is a good thing that you did the walk through and I hope that you got something in writing that everything checked out ok.  Make yourself aware of the law in your state regarding security as well.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.