Renter, owner clash over deposit amount

Q: I live in a small apartment complex that recently changed ownership. I was not that worried about a new owner until I gave notice that I will be moving out next month at the end of my lease. I told the owner I wanted to know what I can do to get my full $1,500 security deposit back, expecting him to give me a list of cleaning requirements. But I was very surprised when he told me that I have only a $1,200 security deposit per the records he received from the prior owner. His position is that since that is the amount he received, that is all I am potentially entitled to.

I know that I paid a $1,500 deposit, because when I moved in four years ago the required security deposit was 1 1/2 months' rent. I even pulled out a copy of my move-in paperwork and the canceled check, but he insists that is my problem and I need to contact the prior owner. What should I do?

A: The proper procedure for security deposits when there is a change in ownership is for the outgoing owner to send a letter to the tenants confirming the amount of the security deposit that is being transferred to the new owner and the new owner's contact information. Clearly, it seems in your case this was not done. I believe that the new owner needs to honor your proof that you paid a security deposit of $1,500.

If he did not receive that amount from the prior owner, then he needs to pursue any claim he may have directly with the party that sold him the building and not try to shortchange you on your deposit.

I suggest that you send a demand letter and be prepared to go to small claims court if unsuccessful. Since you did not get credit for your security deposit, I would be concerned that the new owner probably also didn't receive any move-in inspection sheet or notes that you may have given at the time you first moved in that would indicate any damage or problems that preexisted your tenancy.

This could result in unreasonable or improper charges against your security deposit for damages that you did not cause or did not occur during your tenancy. ...CONTINUED

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