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    Chantel4's Avatar
    Chantel4 Posts: 4, Reputation: 1
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    #1

    Mar 26, 2009, 05:33 PM
    Landlord foreclosed on, will not return portion of deposit
    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...
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Mar 26, 2009, 06:05 PM

    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
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Mar 26, 2009, 06:08 PM

    By landlord do you mean the person you rented from or the person who bought the house in the foreclosure?
    Chantel4's Avatar
    Chantel4 Posts: 4, Reputation: 1
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    #4

    Mar 27, 2009, 08:51 AM
    In California, I have copies of all notices. I am leaning on taking them to small claims court.



    Quote Originally Posted by Fr_Chuck View Post
    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
    Chantel4's Avatar
    Chantel4 Posts: 4, Reputation: 1
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    #5

    Mar 27, 2009, 08:52 AM
    My landlord is the person I rented from going through foreclosure

    Quote Originally Posted by ScottGem View Post
    By landlord do you mean the person you rented from or the person who bought the house in the foreclosure?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Mar 27, 2009, 11:01 AM

    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?
    Chantel4's Avatar
    Chantel4 Posts: 4, Reputation: 1
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    #7

    Mar 27, 2009, 03:16 PM
    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.


    Quote Originally Posted by ScottGem View Post
    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?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Mar 27, 2009, 03:18 PM

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