Foreclosure in Merced>Question Details

Distressedre…, Renter in Merced, CA

I am a renter of a forclosed house and it was at a trustee's auction. Help to get security deposit back.

Asked by Distressedrenter, Merced, CA Mon Aug 8, 2011

The home was sold in a trustee's auction around 7/3/2011. A realtor contacted us about moving out for a cash for key's deal. We refused and were told to pay rent or quit this past week. (8/6 being the last day to pay rent) I've already found a new place to live, but the realtor changed the locks before I moved out.

I was wondering if this is allowed and if I am allowed to demand my security deposit back. I know federal law guarantees me 90 days to evacuate the premises and I was wondering for just further clarification of this law. Specifically if they are allowed to still demand rent and refuse to return my original security deposit? Thank you.

Help the community by answering this question:


I am totally baffled on why you refused the cash for keys option. I am not an attorney and don't mean to be proffering any legal advice, but I don't think you have the luxury on 90 days on a trustee's auction. Somewhat closer to 21 days to my recollection. As far as the security deposit, good luck. Did you rent through the agent? Does he/she have the deposit in a trust account? Or did you rent from the previous owner? If the latter, you have little recourse to get money from the agent or the new owner. After all, they don't owe you anything. And the previous owner? They just lost a home to foreclosure; it is highly unlikely they have your deposit laying around.

Good luck in your new home. I think your only recourse with the agent is to send flowers and say "I am sorry for treating you poorly"...after all, the agent is just the messenger (not the enemy).
1 vote Thank Flag Link Mon Aug 8, 2011
It sounds like you have treated the Realtor as an enemy; it will be hard to accomplish anything now:
You will probably have to use small claims court and you have lost the keys-for-cash deal.

Good luck and may God bless
0 votes Thank Flag Link Mon Aug 8, 2011
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