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Does a landlord have to give you your deposit back if he forecloses?
Wiki User
∙ 14y ago
Not per se. A foreclosure proceeding on your landlord is no reason to not pay your rent, as long as he still has control of the property. If this is not the case then the bank or other entity that has control over the property will give you instructions on what to do. Your landlord has to give you your deposit back unless he's keeping it for legitimate reason, and such reason must be listed on the paper he sends you when he intends to keep the deposit.
Wiki User
∙ 14y ago
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Does a landlord have 60 days to give a deposit back to renter?
Of course. In most states he has 30 days to return your deposit.
If you live in a house and it is sold does the old landlord have to give you back your security deposit?
No. In the estoppel that your old landlord signs to the new landlord the security deposit is turned over to the new landlord, who keeps the deposit where it is now, or tells you where your deposit will be located.
What can you do if your landlord refuses to give you back your security deposit because you lost your receipt?
If your landlord accepted the security deposit from you he must return to you unless he have legal grounds to keep all or part of the security deposit. I don't think that the loss of your receipt for the security deposit is enough to allow your landlord to keep it. Thus you can sue him.
Is there a law requiring a landlord to give a walk through before keeping a tentants deposit?
There is no law requiring a landlord to give a walk through before keeping a deposit. However, if the landlord did not give a walk through, it is easy for the tenant to argue that the landlord is lying because there is no proof that the damage being claimed by the landlord really existed at move-out.
You have to break your lease early and the land lord wont give you your deposit or last month rent back and you have a room mate he told me she has to give me my money back not him is this legal?
If your landlord won't give you your deposit or last month's rent back you need to take him to small claims court. The judge will then decide who gets what. Your landlord has the right to keep your deposit if you violate the terms of your lease, including, but not limiting to terminating it early without good cause. He doesn't have the right, however, to keep your last month's rent as a security deposit.
In the state of California does a landlord have to give the full amount of the security deposit back if it is over 14 days and they have not given the deposit back?
They are limited to 14 days to return the remainder of the deposit after deductions. Whether they have to give back all of it depends on the circumstances: rent owed, damage done, cleaning not done as listed on initial inspection.
Can your landlord give your deposit back a few days after you moved out?
Yes. The law is explicit on how the landlord may handle the deposit, deduct for repairs, and when it must be returned (14 days in California). ------------ Thirty days in Massachusetts, which I think is as long as any state gives.
What is it called when a landlord does not give the security deposit back?
There's no specific term for this: the landlord is refusing to return security deposit. Either he has the right to because of damage beyond normal wear and tear or he needs to be sued for such money. And if you win in such suit you may be entitled to up to 3 times the amount of the deposit.
Does the landlord have to give back security deposit if tenant refuses to sign lease but moves in?
Normally a security deposit is paid before the lease is signed. Once your lease is mutually signed then you have the right to move in.
What reasons can a landlord legally give for withholding a deposit?
Physical damage, or non-payment of rent.
Can a landlord sue me for damages after losing in small claims court for not returning my deposit. She never filed an appeal or counter suit within the 30 day's after i won the judgment.?
If you sued the Landlord and he lost, he must give you your deposit. However he can separately sue you for damages. Whether he wins that lawsuit or not, he must give you your deposit!
What remedies do a lawyer have to collect deposit for tenant?
Please clarify this question. I am assuming you're asking what you can do to get your deposit back once you terminate the lease on your rental unit. Generally you shouldn't need an attorney for this. You need to sue your landlord for the deposit if he refuses to give it back to you, either because he says you damaged the property or because he simply didn't give it back within the time period required (usually about 30 days).
