After 2.5 years we just gave a 40 days notice to our landlord that we would be moving out. He purchased the home from his brother after the first year we were here. His brother was having financial problems and the home was in foreclosure. To ensure we leave the place clean, we asked the new landlord for the phone numbers for his cleaning crew since we wanted our $1900 deposit returned. He said his brother had spent the deposit and he wasn't responsible since the original lease was with his brother. What are our rights in getting our deposit back and who is legally responsible for returning the deposit.

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Originally Posted by WayneLundy

What are our rights in getting our deposit back and who is legally responsible for returning the deposit.

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Hello W:

Your present landlord. When he closed on the purchase of the house, since it was a rental, and he KNEW it to be so, he should have collected the deposit his brother was holding.

It's time to start documenting your dispute because future actions by BOTH parties will probably be reviewed by a judge. Since you haven't yet moved, and your deposit isn't even due, I'd hold off on specific threats. Therefore, I'd write your landlord a certified letter wherein you document the phone call where he refused and he reason why, and tell him that you'll be seeking legal advice on the matter. That's true. You did.

A few days before you depart, write him another certified letter inviting him for a walk through. Clean the house immaculately, and take pictures while you're both there. If he doesn't show up, take pictures anyway, and document the event in another certified letter wherein you DEMAND your deposit be returned to you according to law, or you'll sue him. Depending on the state where you live, your deposit probably isn't due for two to three weeks after you vacate. Once that time passes, sue BOTH brothers in small claims court.

excon