Question:
the home was sold on July 27th at an auction and that is the day we moved out. we returned our keys and sent a letter explaining where to send our deposit on that day. the 21 days has now passed and we did not recieve the deposit or a required deductions list. the landlord did not even give us the required inspection prior to moveout. we are going to take him to small claims and sue, i think we have a very valid bad faith claim as well, to ask for double the deposit. i have been reading about california civil code section 1950.5 which covers this, but i was wondering if anyone has any suggestions, have had similar experiences, or know of any relevant prior cases that i can use in our defense. thanks
Answer:
You aren't getting your money back easily. It's likely you will never see it.
How miserable would you like to make it for them? If you would like to make it more difficult for them to steal your money you should take them to small claims court and win a judgement against them. Obviously if they let their house/investment go into foreclosure they are probably willing to let an unpaid judgement go against them too.
I, personally, would take them to small claims court just to make it difficult on them, realizing that I would likely never see a dime from them.
You don't need any other cases. Your basis in fact is solid. Now that being said, good luck trying to collect! Do you really think that if they let their house go to foreclosure that they care if you sue them about a deposit? They probably have a long list of creditors waiting for them to crawl out of the hole they have been hiding in.
Stand in line!
You have to sue him personally to get it back...that's the only way.
If you haven't got it by now, he isn't going to send it to you.
You don't need a defense...the foreclosure IS the defense.b/c you had to move.
I would actually be suing for moving expenses, etc.
More Related Questions & Answers...
Can the bank still file foreclosure, even after bankruptcy was filed?
If a home that you own is repossessd, and foreclosed, do you have the right to be notified before foreclosure?
I am a tenant of 5 yrs. in a residence that I just discovered is in foreclosure. What can I do? what rights?
I am looking for home foreclosure statics for past 3 years.For US & Missouri.?
Where can i get freely for foreclosure in atlanta GA in order to buy?
Is ist safe to buy a Pre-Foreclosure property?
How do I find a list of local residential foreclosures (gov't or banks, etc.) w/o paying?
If bush is responsible for record home ownership...is he responsible for record home foreclosures?
What is forebaence? how does it help with foreclosure if so?
What should a person expect when purchasing a foreclosure home?