Legal Question in Real Estate Law in California
Rental property in escrow
If my landlord sells rental property and escrow closes before deposit is returned,who is liable for deposit? what is my recourse if landlord does'nt return deposit in a timely manner? should deositbe part of escrow ? .
1 Answer from Attorneys
Re: Rental property in escrow
The former (selling) landlord who took the deposit from you continues to owe you the deposit. The new owner is also liable to you for the deposit under most conditions unless buyer and seller complied with the owner-to-owner deposit-transfer provisions of Civil Code section 1950.5, which you can read at your county law library.
It is not necessary for the deposit to be part of escrow.
You are not entitled to refund of your deposit as an incident of the sale; your rights to refund of the deposit still only arise when you move out.