Legal Question in Landlord & Tenant Law in California

LL sells property & takes security deposit with no notice

Apartment complex has been sold, and there was never any notice about it. When they entered my unit in Dec. they lied about the reason inwhich they needed to enter.

March 3 I got a paper stating that rent needed to be sent to new owner. I had already sent Marches rent in to Property Management. So I told this to new owner, and that was ok with them. This is when I learned though that the Old owner took my security deposit ($1050) stating that it was for rent owed from the past. The new owner is very nice and hasnt demanded anything more from me other than monthly rent.

Should I take Old Owner to small claims NOW~ or wait until the time comes when I move?

*Also, when does the statue of limitations run out?

Because old owner has also been collecting $100 more a month on my rent since my movein day (over 4yrs) and I couldnt get the Housing Authority to do anything when I brought it to their attention (within 2wks of initial movein) I have actually brought it to their attention quite a few times and above their head but I've got the feeling that HUD doesnt care. I still have the original lease signed before movein. I would like to get that $ back to the Housing Auth. seeing how funding is getting cut all over the nation.


Asked on 4/18/05, 4:54 am

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: LL sells property & takes security deposit with no notice

The security deposit technically belongs to the new owner, so the new owner shoule have to get it back. I would tell the new owner to take the old owner to court Now and not waste any time. If he doesn't, then you should.

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Answered on 4/18/05, 10:47 am


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