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Posted Jan 18th, 2012
My landlord went into foreclosure. Who owe's me my 2 months security deposit? The old landlord or
the new landlord that bought the property?

Additional Details:
I have a situation with my condo lease I need help with. I signed a 1-year rental lease at a
condo starting 9/29/11. I gave the landlord a lease security deposit of $4,950. The landlord did not
inform me that the unit was in foreclosure. I got a call last week from a person claiming to be the
new landlord. The new landlord told me he would honor the existing lease, but could not honor the
security deposit. When I went to my old landlord to ask for my security deposit, she told me that
she was not legally liable for the deposit any longer and that it should be returned to me by the
new landlord. When I spoke to the new landlord he said he is not responsible for the $4,950
deposit. Who is legally responsible for my security deposit now?
Legal Topic Area: Real Estate in FL

Presuming that the new landlord did not assume your lease by a written agreement with the old landlord, it would be my opinion that the old landlord is responsible and that the old landlord is obligated to return your security deposit to you. Based upon what you wrote I think that you could probably file a claim against your old landlord in the county court and represent yourself. The county clerk could probably help with this.


Answered on Jan 19th, 2012 at 2:43pm