Former Landlord Responsibility?

Question

I am a renter, the house I am renting went into foreclosure. The mortgage has been taken over by the lender. I am still waiting for the lender to contact me. The house went to auction on Aug. 20th, 2008. Who is responsible for my deposit that I paid when I moved into the house over 2 years ago? Also, I was contacted by another renter from same investor, whose house was also foreclosed on. Apparently, this person along with several other renters are forming a group to sue the former investor/owner. Basis for suit is that there is a California civil code called "Rent Skimming" that says it is illegal for a investor/owner to collect rent from a renter while defaulting on the mortgage payments. Is this true? I am not into understanding civil code and really do not know much about the law concerning any rights as a renter. These other renters are asking me to join in their lawsuit. Should I do that? Is there really any basis? Is the the former owner really responsible to refund me back all my rents that he pocketed while not paying the mortgage? And does he owe me the deposit I paid him when I moved in? Apparently this former investor/owner had multiple single family home properties, including Apt. complexes that he defaulted on while renters were still paying him rent. If anyone knows anything about this so called civil code please let me know. I really do not want to join a frivilous lawsuit if it is not true. Plus I would like to at least get back my rental deposit. Thank you..

Answer 1

.   The landlord is committing fraud by taking your deposit and not returning it.  He is liable for triple the amount of the deposit. You should testify at the trial of the other tenants.  i wouldn't be willing to join them.

Answer 2

Are you going to get your deposit back.  I don't think so.

Are you due your deposit back.  Yes.  Under my state law, the landlord MUST put your money into an escrow account.  This account holds JUST deposits.  

If the landlord went BK, the deposits are to part of the BK. and if the landlord spent the money, they would be in trouble.

Answer 3

don't pay anymore rent landlords are getting away with to much. now high cost of rent not taking care of property walking into your place without notice.

Answer 4

you are not getting your deposit back. make up for it by not paying rent. problem solved.

Answer 5

"Rent skimming" is against California Civil Code Secs. 890-894, but it is nowhere near as clear cut as these folks would have you think.  The majority of any monies recovered (if any) will go to the mortgage lender who didn't get paid, and not to the tenants.  The mortgage lender is the entity which got screwed here, and not the tenants.  Tenants had a place to live while paying rents, and therefore have not been harmed.

There is some relief in the civil code for tenants, moving expenses, and missing security deposits, but it won't be much (if anything) once the attorneys are done with their share of the haul.