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Old 03-13-2009, 11:22 AM
 
1 posts, read 1,815 times
Reputation: 10

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i need some help...i was charged a deposit (by my old owner)for the apartment that i live in and now that there is a new owner and she is charging me a whole new deposit while we have been living there for a year...is this legal??
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Old 03-13-2009, 11:31 AM
 
Location: 38°14′45″N 122°37′53″W
4,156 posts, read 11,013,417 times
Reputation: 3439
check pages 23 and 46 for more info.

http://www.dca.ca.gov/publications/l...k/catenant.pdf

better yet here's some detail:
LANDLORD’S SALE of THE RENTAL UNIT
If your landlord voluntarily sells the rental unit
that you live in, your legal rights as a tenant are
not changed. Tenants who have a lease have
the right to remain through the end of the lease
under the same terms and conditions. The new
landlord can end a periodic tenancy (for example,
a month-to-month tenancy), but only after giving
the tenant the required advance notice. (See
“Landlord’s notice to end a periodic tenancy,”
pages 48–49.)
The sale of the building doesn’t change the
rights of the tenants to have their security
deposits refunded when they move. Pages
60–61 discuss the landlord’s responsibility for
the tenants’ security deposits after the rental
unit has been sold.
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Old 03-13-2009, 12:13 PM
 
Location: Mokelumne Hill, CA & El Pescadero, BCS MX.
6,957 posts, read 22,317,496 times
Reputation: 6471
When your property sold the deposits the seller had should have been transferred to the new owner. If you're on a month to month rental agreement, the new landlord could change the amount of the deposit with proper notice, but you would only be liable for the increased amount.

If the deposit wasn't transferred, that's a matter between the seller and buyer and not you and the new owner.
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Old 03-17-2009, 03:33 AM
 
Location: Sin City
723 posts, read 1,634,842 times
Reputation: 596
I've been through some legal battles with landlords before. Sometimes successful, sometimes not. One thing I can tell you that will definitely stand up in court is that a new owner of a rental property inherits all existing leases for all tenants. This includes the security deposit, the rent amount and every thing that is covered on that lease. To my knowlege, he cannot raise your security deposit, but he could give you a 60 day eviction notice if he wants to do that to his next tenant. That is completely illegal, but slumlords find ways around the law, usually by lying or nitpicking about a minor violation in your lease, like if you played your music a little late one night. There are also laws that prohibit him from raising the rent more than 10% and only once a year, so if you previous landlord already raised the rent, he has to wait for a full year from that date. I have a renters tenant handbook around here somewhere. I havn't needed it for a while since we have a real good landlord now. If you have more questions I will see if I can find it.
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Old 03-17-2009, 04:43 AM
 
Location: Bella Vista, Ark
77,771 posts, read 104,785,201 times
Reputation: 49248
The catch here seems to be if you are month to month or on a long term lease..

Nita
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Old 03-18-2009, 12:19 AM
 
Location: Ca Cap & Central Ca
182 posts, read 927,779 times
Reputation: 103
Quote:
Originally Posted by sandradeevelasco View Post
i need some help...i was charged a deposit (by my old owner)for the apartment that i live in and now that there is a new owner and she is charging me a whole new deposit while we have been living there for a year...is this legal??
Where do you live? What state, city, etc. In California, go to Welcome to the State of California look for "renters rights". There is a handbook online. Read it. The answers are there.
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