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Trustee sale/foreclosure


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#1 delilah

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Posted 04 January 2010 - 08:57 AM

Can a landlord  keep my deposit when I moved out on 12/12/09 (also tacking on more charges beyond the deposit) when his house is set for trustee sale on 01/19/10?

It's quite apparent that he won't be doing anything with this house so why can he keep my deposit and add more to it, also threaten my credit.


#2 Fallen

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Posted 04 January 2010 - 09:40 AM

Could it happen?  Sure.  The foreclosure is a separate, unrelated event as far as the tenancy is concerned if you moved out mid-December.

If you owe him no money and didn't break the lease (say you have a long-term lease and moved out before it was up or didn't give proper advance termination notice), and didn't leave any damages, no reason not to sue him for your deposit if he doesn't return it within your unnamed state's time limit (or send you a letter about why it was withheld, which you can dispute).


I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#3 delilah

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Posted 04 January 2010 - 10:28 AM

I gave my notice to move on 11/12/09 and was out on 12/12/09 he and his property management co gave me an estimate which states I'll owe $945, he also has stated when I requested copies of receipts that his handyman doesn't work that way (his handyman is a friend of his so his charges will be inflated)
I know this because he'd been to the house dozens of times to repair while I lived there. The charges on his estimate are heavily inflated.

I received one estimate and questioned some points on it and he said if I argued anymore with him he would add more which of course I had issues and he did add more.

How can he legally keep my deposit and sue me (which he said he'd do)  above that for work he's not going to do? I realize that foreclosure is seperate deal but if his place is being sold on 1/19/10 what can I do? He's threatening my credit.


#4 Fallen

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Posted 04 January 2010 - 10:53 AM

State law will no doubt require him to cough up receipts if pressed; you'd need to check into that.  His argument about the handyman is obviously hogwash.


"How can he legally keep my deposit and sue me (which he said he'd do)  above that for work he's not going to do?"

This isn't a productive question, because you know he can.  :)

As I said, you are free to dispute the validity of charges (I recommend in writing, sent by traceable means such as certified mail and showing on the letter that a copy went regular mail) and demanding your deposit.  And you sue in small claims if you feel he's wrong.


I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#5 delilah

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Posted 04 January 2010 - 11:30 AM

I paid my rent through a property management company so I don't know his street address. I have been dealing with him via email, isn't email the same as receiving something certified mail? He's responded to and gotten all other emails regarding this matter.





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