If my landlord filed for bankruptcy can I get my security deposit back?

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If my landlord filed for bankruptcy can I get my security deposit back?

Landlord filed for Chapter 7 before I moved out (case is terminated/debtors discharged). Landlord still has full-time job and owns property. Can I still sue him for not returning my security deposit? He basically filed while I was living there. I moved out after he filed for Chapter 7.

Asked on November 22, 2011 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your former landlord has filed for bankruptcy protection while you were living in the rental but has not returned your security deposit, you need to submit a proof of claim to the bankruptcy court and the trustee for the amount of your unreturned security deposit as soon as possible.

Since your former landlord has filed for bankruptcy protection, you cannot file an action against him or her in state court because of the automatic stay provisions of the  bankruptcy court action. There are proof of claim forms that you can get online for you to make your claim for the security deposit.


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