Can I sue my landlord for the security deposit even though we did not have a written lease? I moved in on October first... paid the first month's rent and security deposit. I got a receipt for both. On January first the landlords moved out and I got a call from an agent saying that the building was in foreclosure and that I would have to pay rent to the bank that owns the building now. It's about to be 2 months since the building was foreclosed and the previous landlords have been ignoring my calls. Are the receipts they gave me enough proof to get my money back?
Answer
Don't be concerned about getting your money back if you are a New Jersey tenant. A NJ landlord, whether the original landlord of the bank, has an obligation to disclose, in writing, the location of your security deposit within 30 days. If that didn't happen, you may inform the landlord that the security deposit is to be applied to the rent. Thereafter, the landlord can never ask for a security deposit again. So, if it were me, I would just tell both the original landlord and the bank that I am applying the security deposit to the rent. If you are not a NJ tenant, your rules will be different. Either way, you may want to consult a local lawyer.
See also: http://info.corbettlaw.net/lawguru.htm
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