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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.

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14y ago
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14y ago

No, generally. Security deposits are held usually in a bank account which then becomes under the care of the new landlord.

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Q: If you live in a house and it is sold does the old landlord have to give you back your security deposit?
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What if the new landlord tells you to find the old landlord to get back security deposit?

A new landlord has to have received the security deposit from the old landlord during the process of the closure of the sale of the property. The new landlord is responsible for that security deposit.


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.


What does first last and security deposit mean for a rental home?

First and last months security deposit is given so the landlord has a means of repairing any damage you might do to the house. It encourages the renter to take care of the property in order to get their deposit back.


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.


Can a lanlord use security deposit if tenant is late on the rent?

You can in Massachusetts - you don't say what state you are in. The landlord has the option of using the deposit for back rent, but he doesn't have to.


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.


Can you use a deposit for the last months rent?

This would depend on the landlord. If you landlord says yes to this, which I seriously doubt. Then obviously when you moved out you wouldn't get it back. Talk to the landlord about your situation. Maybe something can be worked out.


Can a new landlord demand an additional second security deposit of one months rent six months after the original landlord received an initial deposit equivilent to a months rent from a existing tenant?

I think he can since he is new. Did you get back your deposit from the original landlord? I would try to get it or find out where the money went. The money could have been handed over to the new landlord or landlord 1 kept it. You may be able to sue him in small claims court for your deposit.


Does a landlord have a right to hold back a security deposit if the tenant dies?

Death of the tenant terminates the tenancy. The landlord should handle the security deposit according to the law, which likely means forwarding it to the estate. If rent is owed, the landlord could apply the deposit to the arrearage, and so notify the executor. There is an argument that the decedent owes rent for the next month (in a month-to-month tenancy) or the remainder of the lease (if there is a lease). However, the landlord has an obligation to try to rent the unit.


Can you get back your whole security deposit if you cancel the lease 2 weeks before you take possession of the apartment?

Only if the landlord rents it to someone else.


Do you have to return a security deposit by mail?

As long as you get your security deposit back, it doesn't matter how he gives it back to you.


How do you get your security deposit back after moving out of an apartment?

If you signed the contract, then you must abide the terms. If it clearly states that you do not get your deposit back, then there is nothing you can do. You might be able to work out a deal with the landlord to clean your own house/apartment to his satisfaction and then get the money back - they make deals like that all the time.