How to recover my security deposit ifI moved after my rental went into foreclosure?

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How to recover my security deposit ifI moved after my rental went into foreclosure?

My house was in foreclosure when I signed the lease. (I didn’t know this at the time) Six months later it went to auction and was sold off. The landlord refuses to return calls or emails. The lease stated that they will pay X dollars if they needed us to move before the lease was up. And we had a rather large security deposit. I’ve heard that it is not allowed to lease a house that is behind with the bank. Do I have any ground to recover anything or is it even worth bothering with? I ended up taking cash for keys and moving down the street.

Asked on December 30, 2011 under Real Estate Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have vacated the rental that went into foreclosure and your former landlord and owner of this rental never returned your security deposit, he or she is legally obligated to do so in full given the foreclosure.

I recommend that you write him or her a letter stating that you need its return by a stated date. If not provided by then, your option is to bring a legal action for its return most likely in small claims court.

I suggest that you keep a copy of the letter sent for future need and reference.


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