OUR LANDLORD WAS FORECLOSED ON AFTER WE MOVED OUT. SHE IS STATING THE BANK IS HOLDING OUR DEPOSIT. DOES THIS SOUND LIKE PROPER PROCEDURE?

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OUR LANDLORD WAS FORECLOSED ON AFTER WE MOVED OUT. SHE IS STATING THE BANK IS HOLDING OUR DEPOSIT. DOES THIS SOUND LIKE PROPER PROCEDURE?

SHE IS SAYING THE BANK IS HOLDING OUR DEPOSIT FOR OUR KEYS THAT WERE LEFT INSIDE THE PROPERTY AND FOR DAMAGES, ANY DAMAGES THERE WERE ARE MINIMAL AND WE ARE EXPECTING POSSIBLE DEDUCTIONS. AS FAR AS I SEE IT THOUGH WE HAD A CONTRACT WITH HER AND NOT THE BANK

Asked on June 22, 2009 under Real Estate Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I think you need to talk to a lawyer in your area about this, for reliable advice based on all of the facts.  One place that you can find an attorney is our website, http://attorneypages.com

You are quite right that your contract was with your landlord, and while I'm not a California lawyer, I think it's most likely that a court would require her to comply with your state's law about returning security deposits to tenants, regardless of the later foreclosure.  It may be that a letter from your attorney will get her to "reconsider" -- or, you may have to go ahead and sue her.


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