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 ? .


Asked on 11/15/00, 8:45 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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.

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Answered on 11/27/00, 1:54 am


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