Q: Rental sold, new landlord immediately gave 90-day no cause eviction, 60 days in rescinded,can she require a deposit now
We have been on a month to month with previous landlord for 5 years. He returned our deposit to us directly after the sale, and told us part of the sale was for her to keep our lease. There was no mention of a deposit needed prior to her recent 30 days to our eviction date, rescinded the no cause eviction. If we leave in 30 days as with the planed eviction date, are we required to pay a deposit to her?
A: Actually, your new landlord is likely legally liable to you for the existing security deposit. Your old landlord should have simply transferred it to the new owner when the sale of te dwelling closed. The fact that he did not does not relieve the new owner from owing it to you when you vacate. The new owner then would need to collect it from the old owner who then would presumably have a claim against you to be reimbursed. Alternately, if a landlord wishes to increase the amount of a security deposit after the first year of occupancy, then he has to allow the tenant at least 3 months to pay it. Regardless, if you are going to be out within 30 days, the landlord cannot evict you faster than that for not paying it anyway.
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