My landlord was recently foreclosed on. I rented the house in the back of the property. They put a letter in my mailbox January 31st 2009, dated January 28th, 2009. I was told in the letter that I needed to be out by March 1. I knew they did not have my deposit, so I left a letter in their mailbox stating "in lieu of my deposit, I would like February's rent deducted for the days I stayed and the remainder refunded once I moved out and if there are any questions or concerns please call." I moved out on February 21st and returned the keys with a note stating "Please return the remainder of my deposit to the following address" 21 days passed. I left the landlord a message, no return call. 35 days pass I send a text message. The landlord responds, since I did not tell them I was moving out early I would not receive my prorated deposit back. Please advise...

First what state, California has special laws on this

Next was there a lease, since merely being "in" foreclosure does not break a lease, until it is actually sold

Do you have copies of all of the notices given, they ones they gave you, and the one you gave them.

In the end, if they don't, you sue in small claims court

By landlord do you mean the person you rented from or the person who bought the house in the foreclosure?

In California, I have copies of all notices. I am leaning on taking them to small claims court.

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Originally Posted by Fr_Chuck

First what state, California has special laws on this

Next was there a lease, since merely being "in" foreclosure does not break a lease, untill it is actually sold

Do you have copies of all of the notices given, they ones they gave you, and the one you gave them.

In the end, if they don't, you sue in small claims court

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My landlord is the person I rented from going through foreclosure

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Originally Posted by ScottGem

By landlord do you mean the person you rented from or the person who bought the house in the foreclosure?

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But if the house is no longer his due to foreclosure he's no longer your landlord. And if he had to let the house go via foreclosure, do you really think he will have your deposit to return?

I am asking for advice on how to get my deposit back not if he has my deposit or not, and not if he is my landlord or not.

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Originally Posted by ScottGem

But if the house is no longer his due to foreclosure he's no longer your landlord. And if he had to let the house go via foreclosure, do you really think he will have your deposit to return?

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You can take the landlord to small claims court of course. But your chances of collecting are extremely small.