Foreclosure in Antioch>Question Details

Laura, Other/Just Looking in Antioch, CA

i rent a home that was in foreclosure that i was'nt aware of, it was a month to month but when i found out

Asked by Laura, Antioch, CA Sun Apr 13, 2008

about it i asked the lanlord and he denied it but then i recived an eviction notice and i told the lanlord that i needed to leave the house in 30 days and i told him that i needed my deposit back but he does'nt answer my phone calls he told me that he would pay me but yet i have'nt seen my deposit!! can i take him to small claims for my deposit? please help

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Laura,

I can't give you legal advise, but I can tell you that the situation you are in is happening to many an unsuspecting tenant. I would cantact the Department of Housing (HUD) and ask them about how to obtain free legal advise in this situation. You can find them in the phone book in the U.S. Government pages under "housing." You may also want to contact the District Attorney's office. They have created a foreclosure fraud division that may have some helpful information for tenants as well. You can find the DA in the County Government Pages of the phone book. With all that is going on in today's market place, I am encouraging anyone with any kind of housing need to work with a reputable real estate agent, even if it is for finding a home to rent. A good agent can research the status of the title on the property to make sure there are no notices of default (the first step in foreclosure). I wish the best for you, and I hope you are able to find the help you need.
Warmly,
Janice
0 votes Thank Flag Link Mon Apr 14, 2008
Tough situation for you, I'm sorry to hear about it. Someone that is subcontracted by the lender may try to contact you to negotiate with you for the keys and vacancy of the house quicker. The program is called Cash for Keys and some banks pay between $750-$3000 (depending ont he bank). Unfortunately, there are lot of landlords that went head over heel and seeking to get that deposit back is almost nil to none for alot of people. Good luck to you.
0 votes Thank Flag Link Sun Apr 13, 2008
There are some free resources in our county that can help you too. But yes, you can sue in small claims court if your deposit is not returned within a specified number of days (I believe it is 21) of you vacating, or that he give you a detailed accounting of any portion he's not returning.

If you have not yet left the house be sure you document (with pictures and/or video) that you left the house in good condition and it warranted your monies back.

Do it right, and I'm not an attorney, but you'll at least need to put your demand in writing to him. And if he doesn't within the time specified by law, go to small claims court. There is free help a the court too on how to file an action and how to serve notice, etc.
Web Reference: http://www.diablovalley.net
0 votes Thank Flag Link Sun Apr 13, 2008
Laure,
Yes take him to small claims court. Document any attempts to contact him and his response. Collecting the money might be diffecult but the judgment is good for many years.
Michael Doyle Realtor
0 votes Thank Flag Link Sun Apr 13, 2008
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