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Security Deposit who should I get my deposit from?
- Thread Starter adella
- Start date
Betty3
Well-Known Member
You should get it from your old LL unless the old LL transferred it to the new one.
army judge
Super Moderator
In YOUR home state of CALIFORNIA here's the law from your California Department of Consumer Affairs:
Refund of security deposits after sale of building
Your new landlord becomes legally responsible for the security deposits when the selling landlord transfers the deposits to the new landlord.
When a building is sold, the selling landlord must do one of two things with the tenants' security deposits. The selling landlord must either transfer the security deposits to the new landlord, or return the security deposits to the tenants following the sale.
Before transferring the security deposits to the new landlord, the selling landlord may deduct money from the security deposits. Deductions can be made for the same reasons that deductions are made when a tenant moves out (for example, to cover unpaid rent). If the selling landlord makes deductions from the security deposits, he or she must transfer the balance of the security deposits to the new landlord.
The selling landlord must notify the tenants of the transfer in writing. The selling landlord must also notify each tenant of any amounts deducted from the security deposit and the amount of the deposit transferred to the new landlord. The written notice must also include the name, address, and telephone number of the new landlord. The selling landlord must send this notice to each tenant by first-class mail, or personally deliver it to each tenant.
If the selling landlord returns the security deposits to the tenants, the selling landlord may first make lawful deductions from the deposits (see Basic Rules Governing Security Deposits, and above). The selling landlord must send each tenant an itemized statement that lists the amounts of and reasons for any deductions from the tenant's security deposit, along with a refund of any amounts not deducted (see above).
If the selling landlord fails to either return the tenants' security deposits to the tenants or transfer them to the new owner, both the new landlord and the selling landlord are legally responsible to the tenants for the security deposits.
If the selling landlord and the security deposits can't be found, the new landlord must refund all security deposits (after any proper deductions) as tenants move out.
The new landlord can't charge a new security deposit to current tenants simply to make up for security deposits that the new landlord failed to obtain from the selling landlord. But if the security deposits have been returned to the tenants, or if the new landlord has properly accounted to the tenants for proper deductions taken from the security deposits, the new landlord may legally collect new security deposits.
If the selling landlord has returned a greater amount to a tenant than the amount of the tenant's security deposit, the new landlord may recover this excess amount from the tenant.
California Tenants - California Department of Consumer Affairs
adjusterjack
Super Moderator
The statute referred to by the guide starts with 1950(h) of the CA Civil Code. Scroll down about 3/4 of the way.
CA Codes (civ:1940-1954.1)
I suggest quoting the actual statute to both landlords and if your security deposit is not forthcoming, sue both of them in small claims court. A judge will not take kindly to them pointing fingers at each other.
The CA court website has an excellent self-help section on small claims court.
Small Claims - small_claims_selfhelp
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