Is the new owner responsible for my security deposit after the sale?

Full question:

I moved out of my apartment building and I left it spotless when I left. I did not owe any rent. A year or so before I moved out of the building it was sold. It had approximately 15 apartments. I asked for my security deposit back and the new owner said that when he bought the building the owner never gave him the security deposits for the building and that I have to get my security deposit from him, who has since moved to Arizona. Doesn't this new owner assume all the obligations of the building when he bought it? Does he (the new owner) have to pay me? To me it seems funny if they both had attorneys when the place was sold that the security deposit money wasn't transferred. One more thing, if I go to court, is there any law or something I could reference to show the judge?

Answer:

The security deposit may be the responsibility of the new owner if it was not transferred during the sale. Typically, the new owner assumes obligations for security deposits unless the previous owner refunded them or provided a statement acknowledging the transfer. If the prior owner failed to return the deposit or transfer it to the new owner, both parties could be liable. However, the new owner must show that they conducted a reasonable investigation and believed the funds were properly handled before the purchase. If you take this to court, you can reference the relevant state laws regarding security deposits to support your case.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Leaving your apartment dirty when you move out can result in deductions from your security deposit. Most leases require tenants to return the apartment in clean condition. If the landlord has to clean or repair damages, they may charge you for those costs. It's best to leave the apartment in good condition to ensure the return of your full deposit.