I have a very crooked landlord who has filed for chapter 7.

Asked by "losing Faith", Los Angeles County, CA Wed Jun 3, 2009

I have a landlord who filed for chapter 7, she included our security deposit in the filing. She also has multiple properties and has done the same for their security deposits. On top of this she sent all of her tenants notice of the filing to the wrong addresses so we wouldn't be at the discharge hearing.

Now the kicker...she is being sued by multiple past tenants for their deposits and she swore under oath that she has not received any payments from any of her properties (she said in court that all of her tenants have defaulted) since November...this whole time we have been paying. We want to move but know that we won't get our deposit back. Why do good people get the short end of the stick in cases like this. Multiple lawyers have told us that we have no rights and we have to continue paying this crook.

Are the lawyers we have talked to right? Do we have any recourse?

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Answers

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landlord filed for Chapter 7 Bankruptcy and I received a notice about the same from the bankruptcy court & his lawyer. I have not received a letter about the deposit or any deductions from the landlord after moving out and it has been 3 weeks since the move out. The deposit amount is $1200.

As per Landlord-Tenant law Clause 59.18.270 - Should the security deposit take priority over all other claims even that of the bankruptcy, if chapter 7 is filed

Also as per clause 59.18.280 - I am entitled to full refund since the 21 day waiting period has passed by.

What are my options now? How should I address this situation? Should I approach the trustee? And should I show up to the hearing?
0 votes Thank Flag Link Wed Jun 1, 2011
I'm not sure how come your landlord proved that you are not paying the rent for the last 6-7 months. Do you have proof that you paid to him like any receipt, check copy, withdrawal statement, anything?? You should have something to proof otherwise no one will believe you even if you paid him.

You dont have to continue paying the rent if you are on month-to-month, you can find another house quickly and even if you are on year lease, you dont have to pay since you said that he proved that you are not paying him for the last 6-7 months - right? And I guess, you don't have to move until you get the notice at the right address? (These are all based on your question)

I guess, you need to contact a real estate attorney for any advice. We are not lawyers and cannot give any legal advices, so you all should contact an attorney for your next step.
0 votes Thank Flag Link Wed Jun 3, 2009
losing faith you say that you have talked to multiple lawyers and they all have told you that you have no rights.

When you have talked to people that are knowledgeable in the laws in your area and they have told you the way it is why come to a public forum for advice?

My best advice for you is to talk to an attorney that specializes in bankruptcy law to see what you can do.
Web Reference: http://www.Find1Home.com
0 votes Thank Flag Link Wed Jun 3, 2009
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