| Author | Post |
|---|
OH landlord
Member
| Joined: | Wed Sep 12th, 2007 |
| Location: | |
| Posts: | 496 |
| Status: |
Offline
|
|
Posted: Thu May 15th, 2008 01:50 pm |
|
| Not in Colorado. Your state has no law that says they have to be placed in a separate account or kept in escrow. If the last owner co-mingled these with his personal funds, he probably used them. You need to check the previous owner's BK paperwork to see if he listed you as a creditor whose debt was discharged. If he failed to list you, you can still sue him for the money. Because he has already filed for BK, he cannnot refile for it for years so your debt against him cannot be discharged,. You can garnish his wages, attach his bank account, or place a lien on his personal property to get your deposit back. (You should have checked with the new owner once it was sold to be sure he had your deposit then.) This oney should have been transferred to the new owner when the place sold. The new owner should also have checked with the current tenants to verify the deposits he was given. Did the owner buy this building from a foreclosure (from the bank or the court) or from a short sale (from the owner while filing BK)? A check of the local auditor's site would show you who was listed as the previous owner.
|
etara
Member
| Joined: | Wed May 14th, 2008 |
| Location: | |
| Posts: | 1 |
| Status: |
Offline
|
|
Posted: Thu May 15th, 2008 04:38 am |
|
We have lived in this apartement since March 1, 2001. Recently the building has been sold, and we have been planning to move out at the end of June, 2008..We asked the new landlord if there was going to be any issues getting our $800.00 security deposit back and he told us that he didn't have it. The previous owners declaired bankrupcy and only one(of the six) units' security deposits were transfered to him when he bought the building. What are our rights here? The new landlord sent us some paper work that says, "Deposits will be paid back at the discretion and financial ability of York Street apartments LLC" (the bankrupt ones). Aren't the security deposits supposed to be kept in a seperate bank account and not touched? Any advice would be greatly appreciated.
Location: Denver, Colorado.
|
Current time is 02:09 pm | |
|
|
|
