Legal Question in Landlord & Tenant Law in California

Deposit

My landlord sold the house I was renting through a short sale. I will be out on the 30th of this month. When I asked about getting my deposit back, he said that I had to do a walkthrough with the real estate agent. My lease was not with the agent and he no longer owns the house. What are my options?


Asked on 9/23/08, 6:37 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Deposit

The buyer is generally held to have bought the home subject to your lease, which includes the obligation to walk-through the home with you, return the security deposit and account for any deductions they may take against your security deposit. The buyer may give the real estate agent authority to perform the walk-through for the Buyer. It sounds like you may not have received notice that the home had been sold and you have a new landlord - in either case, demand return from both new and old owner, and if they don't return it, sue them both in small claims court and let a judge decide who is responsible.

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Answered on 9/23/08, 7:32 pm


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