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

Answers:

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.


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