i lived in the house for 18 years. The house was sold. I got a 30 day notice and a eviction notice. I got screwed all the way now I want my deposit there was no walk through . I returned keys the day of my 30 day notice and the house was sold as is do I have any rights to get this back
You can sue in small claims court for the return of your security deposit. Prior to a voluntary transfer of a landlord's interest in the premises, the landlord must deliver to the landlord's successor in interest a written statement indicating the following:
1. The security remaining after any lawful deductions are made.
2. An itemization of any lawful deductions from any security received.
If the landlord fails to comply, the landlord's successors in interest (i.e., the new owner) shall be jointly and severally liable with the landlord for repayment of the security. (See CA Civil Code section 1950.5).
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney. This posting is not intended to constitute an advertisement nor a solicitation. Due to the high volume of phone calls and e-mails, not all phone calls or e-mails can be returned.
Mr. Chen is correct that the buyer is responsible to return your security deposit and can be penalized in the amount of twice your security deposit for wrongfully withholding it.
I conditionally agree with my colleagues, but need to confirm a point. Is your eviction occurring BEFORE the close of escrow and hence before the transfer of title to the buyer? If yes, then your claim would be against the seller/present landlord. If that escrow closed and then you received notice from the buyer/new owner to vacate, then my colleagues are correct.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline