Landlord sold the property

Acomb1

New Member
Jurisdiction
New York
I am from Rochester, New York and I rented an apartment with my 2 friends for 11 months. We each paid $325 for the security deposit, for a total of $975. At the end of our lease, the owner told us that she sold the house so she is no longer responsible for refunding the security deposit, even though she agrees we should have it by now. She stated the deposited were credited to the buyers in full at closing, which the closing statement apparently shows. She only gave us the name of the buyers which was "Krutchen Properties LLC", but she said she has no contact information for them other than their attorney, and she suggests we contact him.

Is this right?? I feel as though we signed a contract, she should be responsible for paying us back. Can I file a small claim against her to get our money back, or do I have to somehow chase down the new owners for my money back? Any information would be helpful.
 
I feel as though we signed a contract, she should be responsible for paying us back.



Can I file a small claim against her to get our money back, or do I have to somehow chase down the new owners for my money back?

You leased real estate from Lady X and she was paid the deposit.

The new owner, BigDaddy Properties must honor your leasehold.

However, you didn't give your deposit to BigDaddy Properties, you gave it to Lady X.

By all means, you can initiate a small claims lawsuit against Lady X.

You don't have to chase down BigDaddy Properties on a fool's errand.

If you want to pursue the money, suing Lady X is your most direct route.
 
You leased real estate from Lady X and she was paid the deposit.

The new owner, BigDaddy Properties must honor your leasehold.

However, you didn't give your deposit to BigDaddy Properties, you gave it to Lady X.

By all means, you can initiate a small claims lawsuit against Lady X.

You don't have to chase down BigDaddy Properties on a fool's errand.

If you want to pursue the money, suing Lady X is your most direct route.

Thank you so much for your input!
 
Thank you so much for your input!


You're welcome, and I'll add the following for your further edification as to just how egregious Lady X's actions are seen by NY state law.

The landlord must obey NY state law scrupulously when returning security deposits.

New York law requires a landlord to itemize and return a tenant's security deposit within "a reasonable time" after the tenant has vacated the property, which NY law allows a window of time between 21-45 days.

These sits lay it all out further for you:

First up, your NY state AG:

https://ag.ny.gov/sites/default/files/tenants_rights.pdf





A few other legal beagles chime in with more information:

New York Landlord's Guide to Security Deposit Disputes in Small Claims Court

8 FAQs About Security Deposits in New York
 
Yes, it is my my understanding as well that the new owner took on all the landlord responsibilities at the time of the sale.

Unless the original landlord had not yet sold the property when the tenant moved out then the original landlord should not have any liability here.

While the original landlord could certainly be sued, it would be a quick and easy defense to show the sale and transfer of the property to the new owner.

Personally I would contact the attorney as suggested... UNLESS you believe the sale of the property occurred after you moved out.
 
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