What can I do if my security deposit is not being refunded?
Question Details: I signed a lease for an apartment with "A Realty" just over 2 years ago. Then, 2 months later, my apartment building was bought by another company called "B Realty" which never sent me a new lease agreement to be signed after the change in ownership. Now, I've left that apartment but B Realty is refusing to refund my security deposit saying that I did not give them a 30 day advance notice for termination: I couldn't because of certain life events happening quickly. B Realty has emailed me the lease agreement from A Realty verbally telling me that lease agreement carried over and that they won't refund me because of the short notice. Can they do this without me ever signing a contract with them? Is the old agreement from A Realty enforceable even though building is now under B Realty ownership and I never signed a new agreement?
Yes, when B bought the property, they bought it subject to the lease with prior owner, A: so the leases carried over, and both parties, new owner B and the tenant, are bound by the lease. If the tenant terminated the lease without providing the required notice, then the tenant would be responsible or liable for rent for the whole notice period (the length of time he/she should have provided notice); if that amount of rent equals or exceeds the security deposit (either in and of itself, or together with any other amounts, such as as costs for damage or repairs, owed the landlord), the landlord does not have to return any part of the deposit.
It doesn't matter if the reason why you could not provide adequate notice was "certain life events": that is not the landlord's responsibility or fault, and is not a defense to your obligations under the lease.