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Paying back the Security Deposit

Posted on: 10th Mar, 2009 01:00 am
When a rental property goes into foreclosure, does the Owner/ Landlord) not have to pay a tenant back their security deposit when the owner him self allowed his property to go into foreclosure?
Hi luvmamabj

If the property is foreclosed by the lender, the landlord is liable to return the security deposit to the tenant. You haven't mentioned your state. The laws regarding this can vary from state to state. In California, a law has been formulated wherein the new owner of the property will be liable to pay back the security deposit to the tenant if the original landlord is unable to pay it back. Thus, the law assures the tenants that they will get back the security deposit.

Thanks.
Posted on: 10th Mar, 2009 03:27 am
HEY NIICSS, THANKS AND YES I LIVE IN CA (US) AND THE RENTAL PROPERTY THAT I AM RENTING DID GO INTO FORECLOSURE AS OF 3/5/09. I GAVE THE OWNER THE NOTICE OF TRUSTEES SALE AUCTION THAT WAS PLACED ON THE FRONT DOOR 2/13/09. NOW HE'S TRYING TO GET ME TO PAY RENT. HE'S LEAVING INTIMIDATING MESSAGES BY PHONE VOICE MAIL, TEXTING, PUTTING NOTES IN MAIL BOX AND WITH OTHER FAMILY MEMBERS AND NEIGHBORS AS WELL. HE'S VERBALLY AND HAND WRITTEN THAT IF I DON'T ACT IN ACCORDANCE WITH HIS DEMANDS AND PAY RENT HE'S GOING TO SHUT OF ALL UTILITIES BILLS AND HAS WENT SO FAR AS TO CALLING ALL CITY SERVICES AND TELLING THEM "I WON'T PAY RENT" SO DON'T TURN ON ANY NEW SERVICES FOR ME. HE'S NEVER GIVING ME ANY TYPE OF NOTICE TO MOVE. I WAS INFORMED AT THE PROPERTY AUCTION NOT TO PAY, TRY TO COLLECT MY DEPOSIT AND MOVE ON AND THAT'S ALL I WANT TO DO!

ACCEPTING ANY HELP WITH ANY SUGGUSTIONS...THANKS
Posted on: 10th Mar, 2009 11:25 am
Hi LUCY!

Welcome to forums!

As the property is already foreclosed by the lender, you are not liable to pay the rent to the landlord anymore. If he is forcing you to do so, then that's illegal. I would suggest you to contact an attorney and take his opinion regarding this issue.

Sussane
Posted on: 11th Mar, 2009 09:42 pm
THANKS MS. SUSSANE SMITH GOOD LOOKING OUT, I REALLY APPREACIATE ALL THE ASSISTANCE I CAN GET
Posted on: 12th Mar, 2009 08:55 pm
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