When a property is sold, tenants keep their right to get back any unused portion of a security deposit. Different states take different approaches on how to handle a security deposit during and after a sale.
As a general rule, most states require transferring a security deposit to the new owner so the deposit can be used or returned at the end of the lease term as normal. In some states, buyers and sellers also have the option of returning the security deposit to the tenant at the time the property is sold, minus any allowable deductions.
Some states apply specific regulations about handling a security deposit during the sale. For example, landlords in California must provide the new owner with a written statement that includes the amount of each security deposit (after deductions), an itemized list of any deductions made, and whether the deposit was transferred or returned to the tenant.
Alabama Security Deposits Upon Property Sale
When a property is sold in Alabama, the seller must transfer the security deposit to the new owner.
Alaska Security Deposits Upon Property Sale
When a property is sold in Alaska, the seller must transfer the security deposit to the new owner.
Arizona Security Deposits Upon Property Sale
When a property is sold in Arizona, the seller must transfer the security deposit to the new owner.
Arkansas Security Deposits Upon Property Sale
When a property is sold in Arkansas, the seller must transfer the security deposit to the new owner.
California Security Deposits Upon Property Sale
When a property is sold in California, the seller must either transfer the security deposit to the new owner or return it to the tenant minus any allowable deductions.
Prior to the sale, the seller must provide the new owner with a written statement that includes the amount of the deposits (after deductions), itemized deductions, and whether the deposits were transferred or returned to the tenants.
Colorado Security Deposits Upon Property Sale
When a property is sold in Colorado, the seller must either transfer the security deposit to the new owner and notify the tenant in writing of the new owner’s name and address or return it to the tenant. Before returning or transferring the deposit, the seller can make any allowable deductions first.
Connecticut Security Deposits Upon Property Sale
When a property is sold in Connecticut, the seller must transfer the security deposit with interest to the new owner. Within 30 days of receiving the security deposit, the new owner must send written notice to the tenant including the amount held and the name and address of the financial institution.
Delaware Security Deposits Upon Property Sale
Delaware law does not regulate the handling of a security deposit when a property is sold. However, the landlord in possession of the security deposit must handle it according to all applicable rules.
Florida Security Deposits Upon Property Sale
When a property is sold in Florida, the seller must transfer the security deposit along with a written record of the amount to the new owner.
Georgia Security Deposits Upon Property Sale
Georgia law does not regulate the handling of a security deposit when a property is sold. However, the landlord in possession of the security deposit must handle it according to all applicable rules.
Hawaii Security Deposits Upon Property Sale
When a property is sold in Hawaii, the seller must transfer the security deposit along with a written accounting to the new owner. Within 20 days after the seller provides the written accounting, the buyer must send written notice to each tenant of the amount transferred.
Idaho Security Deposits Upon Property Sale
When a property is sold in Idaho, the seller must transfer the security deposit to the new owner.
Illinois Security Deposits Upon Property Sale
When a property is sold in Illinois, the seller must transfer the security deposit to the new owner and provide the name, address, and deposit amount of each tenant. Within 21 days after the transfer, the new owner must post a written notice on the main entrance of each unit stating that the new owner has received the deposits.
Indiana Security Deposits Upon Property Sale
When a property is sold in Indiana, the seller must transfer the security deposit to the new owner and notify the tenants in writing.
Iowa Security Deposits Upon Property Sale
When a property is sold in Iowa, the seller must either transfer the security deposit to the new owner and notify the tenant in writing or return the security deposit to the tenant. In either case, the seller can make any allowable deductions first, but they must notify the tenant in writing of the amount transferred after deductions and the new owner’s name and address.
The notice must include a stamped envelope addressed to the new owner. If the tenant does not object to the amount within 20 days, the new owner is only liable to the tenant for the amount transferred.
Kansas Security Deposits Upon Property Sale
When a property is sold in Kansas, the seller must transfer the security deposit to the new owner. If the rental unit is a mobile home, the seller has additional responsibilities including sending written notice to each tenant.
Kentucky Security Deposits Upon Property Sale
When a property is sold in Kentucky, the seller must transfer the security deposit to the new owner and send written notice to the tenant.
Louisiana Security Deposits Upon Property Sale
When a property is sold in Louisiana, the seller must transfer the security deposit to the new owner.
Maine Security Deposits Upon Property Sale
When a property is sold in Maine, the seller must either transfer the security deposit to the new owner or return it to the tenant minus any allowable deductions.
If the seller chooses to transfer the security deposit, it must occur prior to closing. They must also notify each tenant by mail of the amount transferred, an accounting of the deposit with any deductions, and the buyer’s name and address.
Maryland Security Deposits Upon Property Sale
When a property is sold in Maryland, the seller must transfer the security deposit to the new owner with a written notice containing the amount and date of the deposit, records of the applicable interest rates, and the name and address of the tenant.
Massachusetts Security Deposits Upon Property Sale
When a property is sold in Massachusetts, the seller must transfer the security deposit with interest to the new owner. Within 45 days of receiving the deposit, the new owner must notify the tenant in writing of the date the deposit was received and the name, business address, and telephone number of the new owner or their agent.
Michigan Security Deposits Upon Property Sale
When a property is sold in Michigan, the seller must transfer the security deposit to the new owner or return it to the tenant. If the security deposit is transferred to the new owner, they must notify the tenant in writing of their name and address.
Minnesota Security Deposits Upon Property Sale
When a property is sold in Minnesota, the seller must either transfer the security deposit with interest to the new owner or return it to the tenant minus any allowable deductions.
If the seller chooses to transfer the security deposit to the new owner, they must notify the tenant in writing. The notice must include a postage-paid envelope addressed to the new owner. If the tenant does not object to the amount within 20 days, the buyer is only liable to the tenant for the amount transferred.
Mississippi Security Deposits Upon Property Sale
Mississippi law does not regulate the handling of a security deposit when a property is sold. However, the landlord in possession of the security deposit must handle it according to all applicable rules.
Missouri Security Deposits Upon Property Sale
Missouri law does not regulate the handling of a security deposit when a property is sold. However, the landlord in possession of the security deposit must handle it according to all applicable rules.
Montana Security Deposits Upon Property Sale
When a property is sold in Montana, the seller must transfer the security deposit to the new owner.
Nebraska Security Deposits Upon Property Sale
When a property is sold in Nebraska, the seller must transfer the security deposit to the new owner.
Nevada Security Deposits Upon Property Sale
When a property is sold in Nebraska, the seller must either return the security deposit to the tenant and notify the new owner in writing, or transfer the security deposit to the new owner and notify the tenant in writing of the buyer’s name, address, and phone number.
The return or transfer of the security deposit must occur prior to the recording of the deed.
New Hampshire Security Deposits Upon Property Sale
When a property is sold in New Hampshire, the seller must transfer the security deposit to the new owner and notify the tenant in writing by registered or certified mail of the name and address of the buyer.
New Jersey Security Deposits Upon Property Sale
When a property is sold in New Jersey, the seller must transfer the security deposit to the new owner and notify the tenant by registered or certified mail of the name and address of the person that assumed responsibility for the deposit.
The transfer must occur within 5 days after the sale of the property.
New Mexico Security Deposits Upon Property Sale
When a property is sold in New Mexico, the seller must transfer the security deposit to the new owner and notify the tenant in writing.
New York Security Deposits Upon Property Sale
When a property is sold in New York, the seller must transfer the security deposit to the new owner and notify the tenants by certified mail of the name and address of the new owner.
The transfer must occur within 5 days after the sale of the property.
North Carolina Security Deposits Upon Property Sale
When a property is sold in North Carolina, the seller must transfer the security deposit to the new owner and notify the tenant by mail of the buyer’s name and address or return the deposit to the tenant. In either situation, the seller can make any allowable deductions first.
The return or transfer of the security deposit must occur within 30 days after the sale.
North Dakota Security Deposits Upon Property Sale
When a property is sold in North Dakota, the seller must transfer the security deposit with interest (if any) to the new owner.
Ohio Security Deposits Upon Property Sale
Ohio law does not regulate the handling of a security deposit when a property is sold. However, the landlord in possession of the security deposit must handle it according to all applicable rules.
Oklahoma Security Deposits Upon Property Sale
When a property is sold in Oklahoma, the seller must either return the security deposit to the tenant or transfer the deposit to the new owner and notify the tenant in writing of the owner’s name and address.
Oregon Security Deposits Upon Property Sale
When a property is sold in Oregon, the seller must transfer the security deposit to the new owner.
Pennsylvania Security Deposits Upon Property Sale
When a property is sold in Pennsylvania, the seller must transfer the security deposit to the new owner.
Rhode Island Security Deposits Upon Property Sale
When a property is sold in Rhode Island, the seller must transfer the security deposit to the new owner.
South Carolina Security Deposits Upon Property Sale
When a property is sold in South Carolina, the seller must transfer the security deposit to the new owner and notify the tenant in writing.
South Dakota Security Deposits Upon Property Sale
South Dakota law does not regulate the handling of a security deposit when a property is sold. However, the landlord in possession of the security deposit must handle it according to all applicable rules.
Tennessee Security Deposits Upon Property Sale
When a property is sold in Tennessee, the seller must transfer the security deposit to the new owner and notify the tenant in writing.
Texas Security Deposits Upon Property Sale
When a property is sold in Texas, the seller must transfer the security deposit to the new owner and notify the tenant in writing of the amount transferred and a statement that a new owner has received and assumed responsibility for the deposit.
Utah Security Deposits Upon Property Sale
When a property is sold in Utah, the seller must transfer the security deposit to the new owner.
Vermont Security Deposits Upon Property Sale
When a property is sold in Vermont, the seller must transfer the security deposit to the new owner. The new landlord must notify each tenant in writing of their name and address with a statement that they received the deposit.
Virginia Security Deposits Upon Property Sale
When a property is sold in Virginia, the seller must transfer the security deposit to the new owner. If there is a property management company, they must send a written notice to each tenant after the security deposits are transferred.
Washington Security Deposits Upon Property Sale
When a property is sold in Washington, the seller must transfer the security deposit to a qualifying financial account controlled by the new owner and notify the tenant of the name and address of the financial institution.
Washington D.C. Security Deposits Upon Property Sale
When a property is sold in Washington D.C., the seller must transfer the security deposit to the new owner.
West Virginia Security Deposits Upon Property Sale
When a property is sold in West Virginia, the seller must transfer the security deposit to the new owner.
Wisconsin Security Deposits Upon Property Sale
When a property is sold in Wisconsin, the seller must either return the deposit to the tenant and notify the new owner or transfer the deposit to the new owner and notify the tenant of their name and address.
Wyoming Security Deposits Upon Property Sale
When a property is sold in Wyoming, the seller must transfer the security deposit to the new owner.
Sources
- 1 Ala. Code § 35-9A-201(h)
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The holder of the landlord’s interest in the premises at the time of the termination of the tenancy is bound by this section.
Source Link - 2 Alaska Stat. § 34.03.070(f)
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The holder of the landlord’s interest in the premises at the time of the termination of the tenancy is bound by this section.
Source Link - 3 Ariz. Rev. Stat. § 33-1321(H)
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The holder of the landlord’s interest in the premises at the time of the termination of the tenancy is bound by this section.
Source Link - 4 Ark. Code § 18-16-302
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The transferee, assignee, or other holder of the landlord’s interest in the premises at the time of the termination of the tenancy is bound by this subchapter.
Source Link - 5 Ca. Civ Code § 1950.5(h)
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Upon termination of the landlord’s interest in the premises, whether by sale, assignment, death, appointment of receiver, or otherwise, the landlord or the landlord’s agent shall, within a reasonable time… Transfer… [or] Return the portion of the security remaining after any lawful deductions made under subdivision (e) to the tenant.
Source Link - 6 Colo. Rev. Stat. § 38-12-103
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Upon cessation of his interest in the dwelling unit, whether by sale, assignment, death, appointment of a receiver, or otherwise, the person in possession of the security deposit, including but not limited to the landlord, his agent, or his executor, shall, within a reasonable time:
(a) Transfer the funds, or any remainder after lawful deductions under subsection (1) of this section, to the landlord’s successor in interest and notify the tenant by mail of such transfer and of the transferee’s name and address; or
(b) Return the funds, or any remainder after lawful deductions under subsection (1) of this section, to the tenant.
Source Link - 7 Conn. Gen. Stat. § 47a-21(h)(3)(A)
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Whenever any real estate is voluntarily or involuntarily transferred from a landlord, other than a receiver, to a successor, including a receiver, such landlord shall withdraw from the escrow account and deliver to the successor the entire amount of security deposits paid by tenants of the property being transferred, plus any interest accrued pursuant to subsection (i) of this section. If at the time of transfer of such real estate the funds in such account are commingled with security deposits paid by tenants in real estate not being transferred to such successor, and if at such time the funds in such account are less than the amount of security deposits paid by all tenants whose security deposits are contained in such account, such landlord shall deliver to such successor a pro rata share of security deposits paid by tenants of the real estate being transferred to such successor.
Source Link - 8 Fla. Stat. § 83.49(7)
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Upon the sale or transfer of title of the rental property from one owner to another, or upon a change in the designated rental agent, any and all security deposits or advance rents being held for the benefit of the tenants shall be transferred to the new owner or agent, together with any earned interest and with an accurate accounting showing the amounts to be credited to each tenant account. Upon the transfer of such funds and records to the new owner or agent, and upon transmittal of a written receipt therefor, the transferor is free from the obligation imposed in subsection (1) to hold such moneys on behalf of the tenant. There is a rebuttable presumption that any new owner or agent received the security deposit from the previous owner or agent; however, this presumption is limited to 1 month’s rent. This subsection does not excuse the landlord or agent for a violation of other provisions of this section while in possession of such deposits.
Source Link - 9 Haw. Rev. Stat. § 521-44(f)
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If the landlord who required and received a security deposit transfers the landlord’s interest in the dwelling unit, whether by sale, assignment, death, appointment of a receiver, or otherwise, the landlord’s successor in interest is bound by this section. The original landlord shall provide an accounting of the security deposits received for each dwelling unit to the landlord’s successor at or before the time of the transfer of the landlord’s interest; within twenty days thereafter the landlord’s successor shall give written notice to each tenant of the amount of the security deposit credited to the tenant. In the event the landlord’s successor fails to satisfy the requirements of this subsection, it shall be presumed that the tenant has paid a security deposit equal to no less than one month’s rent at the rate charged when the tenant originally rented the dwelling unit and the landlord’s successor shall be bound by this amount in all further matters relating to the security deposit.
Source Link - 10 Idaho Code § 6-321(3)
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If security deposits have been made as to a particular rental or lease property, and the property changes ownership during a tenancy, the new owner shall be liable for refund of the deposits.
Source Link - 11 765 ILCS 710/1.1
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In the event of a sale, lease, transfer or other direct or indirect disposition of residential real property, other than to the holder of a lien interest in such property, by a lessor who has received a security deposit or prepaid rent from a lessee, the transferee of such property shall be liable to that lessee for any security deposit, including statutory interest, or prepaid rent which the lessee has paid to the transferor. Transferor shall remain jointly and severally liable with the transferee to the lessee for such security deposit or prepaid rent.
Source Link - 12 765 ILCS 710/1.2
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Notwithstanding Section 1.1, when a lessor transfers actual possession of a security deposit received from a lessee, including any statutory interest that has not been paid to a lessee, to a holder of the certificate of sale or deed issued pursuant to that certificate or, if no certificate or deed was issued, the purchaser of a foreclosed property under Article XV of the Code of Civil Procedure, the holder or purchaser shall be liable to a lessee for the transferred security deposit, including any statutory interest that has not been paid to the lessee, as provided in this Act. Within 21 days after the transfer of the security deposits and receipt of the name and address of any lessee who paid a deposit, the holder or purchaser shall post a written notice on the primary entrance of each dwelling unit at the property with respect to which the holder or purchaser has acquired actual possession of a security deposit. The written notice shall state that the holder or purchaser has acquired the security deposit paid by the lessee in connection with the lessee’s rental of that dwelling unit.
Source Link - 13 Ind. Code § 32-31-3-12(d)
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The owner of the dwelling unit at the time of the termination of the rental agreement is bound by this section.
Source Link - 14 Ind. Code § 32-31-3-19
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(a) Unless otherwise agreed, if a landlord conveys, in a good faith sale to a bona fide purchaser, property that includes a dwelling unit subject to a rental agreement, the landlord is relieved of liability under law or the rental agreement as to events occurring after written notice to the tenant of the conveyance. However, for one (1) year after giving notice of the conveyance, the landlord remains liable to the tenant for the security deposit to which the tenant is entitled under section 14 of this chapter unless:
(1) the purchaser acknowledges that the purchaser has assumed the liability of the seller by giving notice to the tenant; and
(2) upon conveyance the seller transfers the security deposit to the purchaser.
(b) Unless otherwise agreed, a manager of a dwelling unit is relieved of any liability the manager might have under law or the rental agreement as to events occurring after written notice to the tenant of the termination of the manager’s management.
Source Link - 15 Iowa Code § 562A.12(5) & (6)
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5. a. Upon termination of a landlord’s interest in the dwelling unit, the landlord or an agent of the landlord shall, within a reasonable time, transfer the rental deposit, or any remainder after any lawful deductions to the landlord’s successor in interest and notify the tenant of the transfer and of the transferee’s name and address or return the deposit, or any remainder after any lawful deductions to the tenant.
b. Upon the termination of the landlord’s interest in the dwelling unit and compliance with the provisions of this subsection, the landlord shall be relieved of any further liability with respect to the rental deposit.
6. Upon termination of the landlord’s interest in the dwelling unit, the landlord’s successor in interest shall have all the rights and obligations of the landlord with respect to the rental deposits, except that if the tenant does not object to the stated amount within twenty days after written notice to the tenant of the amount of rental deposit being transferred or assumed, the obligations of the landlord’s successor to return the deposit shall be limited to the amount contained in the notice. The notice shall contain a stamped envelope addressed to the landlord’s successor.
Source Link - 16 Kan. Stat. § 58-2550(f)
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The holder of the landlord’s interest in the premises at the time of the termination of the tenancy shall be bound by this section.
Source Link - 17 Kan. Stat. § 58-25,108(g) & (h)
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(g) Upon termination of a landlord’s interest in the mobile home park, the landlord or the landlord’s agent, within a reasonable time, shall transfer the security deposit, or any remainder after any lawful deductions to the landlord’s successor in interest and notify the tenant of the transfer and of the transferee’s name and address or return the deposit, or any remainder after any lawful deductions to the tenant.Upon termination of the landlord’s interest in the mobile home park and compliance with the provisions of this subsection, the landlord shall be relieved of any further liability with respect to the security deposit.
(h) Upon termination of the landlord’s interest in the mobile home park, the landlord’s successor in interest shall have all the rights and obligations of the landlord with respect to the security deposits, except that if the tenant does not object to the stated amount within 20 days after written notice to the tenant of the amount of security deposit being transferred or assumed, the obligations of the landlord’s successor to return the deposit shall be limited to the amount contained in the notice. The notice shall contain a stamped envelope addressed to the landlord’s successor and may be given by mail or by personal service.
Source Link - 18 Ky. Rev. Stat. § 383.600
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(1) Unless otherwise agreed, a landlord who conveys premises that include a dwelling unit subject to a rental agreement in a good faith sale to a bona fide purchaser is relieved of liability under the rental agreement and KRS 383.505 to 383.715 as to events occurring after written notice to the tenant of the conveyance.(2) Unless otherwise agreed, a manager of premises that include a dwelling unit is relieved of liability under the rental agreement and KRS 383.505 to 383.715 as to events occurring after written notice to the tenant of the termination of his management.
Source Link - 19 La. Stat. tit. 9 § 3251(b)
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In the event of a transfer of the lessor’s interest in the leased premises during the term of a lease, the transferor shall also transfer to his successor in interest the sum deposited as security for performance of the lease and the transferor shall then be relieved of further liability with respect to the security deposit. The transferee shall be responsible for the return of the lessee’s deposit at the termination of the lease, as set forth in Subsection A of this Section.
Source Link - 20 Me. Stat. tit. 14 § 6035
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1. Landlord’s termination of interests in dwelling unit. Upon termination of a landlord’s interest in the dwelling unit, whether by sale, assignment, death, appointment of a receiver or otherwise, the person in possession of a security deposit, including, but not limited to, the landlord, the landlord’s agent or the landlord’s executor, shall, upon the transfer of the interest in the dwelling unit:A. Provide to the landlord’s successor in interest an accounting of the amount of each security deposit paid by each tenant and held by the person in possession of the security deposits, transfer the funds or any remainder after lawful deduction under this chapter to the landlord’s successor in interest and provide to the tenant by mail:
(1) Notice of that transfer;
(2) Notice of the transferee’s name and address; and
(3) A copy of the accounting of the amount of the security deposit transferred; orB. Return the funds or any remainder after lawful deductions under this section to the tenant.If the landlord’s interest is terminated by sale, then the accounting and transfer of funds must occur no later than at the real estate closing. A person in possession of a security deposit, including, but not limited to, the landlord, the landlord’s agent or the landlord’s executor, shall provide written proof of the accounting and transfer of funds to the landlord’s successor in interest at the real estate closing.
2. Release from liability following compliance. Upon compliance with this section, the person in possession of the security deposit shall be relieved of further liability, and the transferee, in relation to those funds, shall be deemed to have all of the rights and obligations of a landlord holding the funds as a security deposit.
Source Link - 21 Md. Code, Real. Prop. § 8-203(d)(3) & (d)(4)
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(i) In the event of sale or transfer of the landlord’s interest in the leased premises, including receivership or bankruptcy, the landlord or the landlord’s estate, but not the managing agent or court appointed receiver, shall remain liable to the tenant and the transferee for maintenance of the security deposit as required by law, and the withholding and return of the security deposit plus interest as required by law, as to all or any portion of the security deposit that the landlord fails to deliver to the transferee together with an accounting showing the amount and date of the original deposit, the records of the interest rates applicable to the security deposit, if any, and the name and last known address of the tenant from whom, or on whose behalf, the deposit was received.
(ii) A security deposit under this section may not be attached by creditors of the landlord or of the tenant.
(4) Any successor in interest is liable to the tenant for failure to return the security deposit, together with interest, as provided in this section.
Source Link - 22 Mass. Gen. Laws ch. 186 § 15B(5)
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Whenever a lessor who receives a security deposit transfers his interest in the dwelling unit for which the security deposit is held, whether by sale, assignment, death, appointment of a receiver or trustee in bankruptcy, or otherwise, the lessor shall transfer such security deposit together with any interest which has accrued thereon for the benefit of the tenant who made such security deposit to his successor in interest, and said successor in interest shall be liable for the retention and return of said security deposit in accordance with the provisions of this section from the date upon which said transfer is made; provided however, that the granting of a mortgage on such premises shall not be a transfer of interest. The successor in interest shall, within forty-five days from the date of said transfer, notify the tenant who made such security deposit that such security deposit was transferred to him and that he is holding said security deposit. Such notice shall also contain the lessor’s name, business address, and business telephone number, and the name, business address, and business telephone number of his agent, if any. Said notice shall be in writing.Upon such transfer, the lessor or his agent shall continue to be liable with respect to the provisions of this section until:
(a) there has been a transfer of the amount of the security deposit so held to the lessor’s successor in interest and the tenant has been notified in writing of the transfer and of the successor in interest’s name, business address, and business telephone number;
(b) there has been compliance with this clause by the successor in interest; or
(c) the security deposit has been returned to the tenant.In the event that the lessor fails to transfer said security deposit to his successor in interest as required by this subsection the successor in interest shall, without regard to the nature of the transfer, assume liability for payment of the security deposit to the tenant in accordance with the provisions of this section; provided, however, that if the tenant still occupies the dwelling unit for which the security deposit was given, said successor in interest may satisfy such obligation by granting the tenant free use and occupancy of the dwelling unit for a period of time equivalent to that period of time for which the dwelling unit could be leased or occupied if the security deposit were deemed to be rent. The liability imposed by this paragraph shall not apply to a city or town which acquires title to property pursuant to chapter sixty or to a foreclosing mortgagee or a mortgagee in possession which is a financial institution chartered by the commonwealth or the United States. The term “rent”, as used in the preceding sentence, shall mean the periodic sum paid by the tenant for the use and occupation of the dwelling unit in accordance with the terms of his lease or other rental agreement.
Source Link - 23 Mich. Comp. Laws § 554.614
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Upon termination of a landlord’s interest in a rental unit whether by sale, assignment, death, appointment of receiver or otherwise, the landlord or his agent is liable with respect to the security deposit, until the occurrence of any of the following:
(a) Transfer of the deposit to the landlord’s successor in interest and written notification to the tenant by ordinary mail of the transfer and of the successor’s name and address.
(b) Compliance with section 4 by the successor in interest.
(c) Return of the security deposit to the tenant.
Source Link - 24 Minn. Stat. § 504B.178(5) & (6)
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Subd. 5. Return of deposit.Upon termination of the landlord’s interest in the premises, whether by sale, assignment, death, appointment of receiver or otherwise, the landlord or the landlord’s agent shall, within 60 days of termination of the interest or when the successor in interest is required to return or otherwise account for the deposit to the tenant, whichever occurs first, do one of the following acts, either of which shall relieve the landlord or agent of further liability with respect to such deposit:
(1) transfer the deposit, or any remainder after any lawful deductions made under subdivision 3, with interest thereon as provided in subdivision 2, to the landlord’s successor in interest and thereafter notify the tenant of the transfer and of the transferee’s name and address; or
(2) return the deposit, or any remainder after any lawful deductions made under subdivision 3, with interest thereon as provided in subdivision 2, to the tenant.
Subd. 6. Successor in interest. Upon termination of the landlord’s interest in the premises, whether by sale, assignment, death, appointment of receiver or otherwise, the landlord’s successor in interest shall have all of the rights and obligations of the landlord with respect to the deposit, except that if tenant does not object to the stated amount within 20 days after written notice to tenant of the amount of deposit being transferred or assumed, the obligation of the landlord’s successor to return the deposit shall be limited to the amount contained in the notice. The notice shall contain a stamped envelope addressed to landlord’s successor and may be given by mail or by personal service.
Source Link - 25 Neb. Rev. Stat. §§ 76-1416(5)
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The holder of the landlord’s interest in the premises at the time of the termination of the tenancy is bound by this section.
Source Link - 26 Nev. Rev. Stat. § 118A.244
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1. Upon termination of the landlord’s interest in the dwelling unit, whether by sale, assignment, death, appointment of receiver or otherwise, the landlord or his or her agent shall, within a reasonable time, do one of the following, which relieves the landlord of further liability with respect to the security deposit or surety bond, or a combination thereof:
(a) Notify the tenant in writing of the name, address and telephone number of the landlord’s successor in interest, and that the landlord has transferred to his or her successor in interest the portion of the security deposit or surety bond, or combination thereof, remaining after making any deductions allowed under NRS 118A.242.
(b) Return to the tenant the portion of the security deposit remaining after making any deductions allowed under NRS 118A.242.The successor has the rights, obligations and liabilities of the former landlord as to any portion of the security deposit owed under this section or NRS 118A.242 at the time of transfer.
2. The landlord shall, before he or she records a deed transferring any dwelling unit:
(a) Transfer to his or her successor, in writing, the portion of any tenant’s security deposit or other money held by the landlord which remains after making any deductions allowed under NRS 118A.242; or
(b) Notify his or her successor in writing that the landlord has returned all such security deposits or portions thereof to the tenant.
3. Upon the termination of a landlord’s interest in the dwelling unit, whether by sale, assignment, death, appointment of receiver or otherwise, the successor in interest:
(a) Shall accept the tenant’s security deposit or surety bond, or a combination thereof; and
(b) Shall not require any additional security deposit or surety bond, or a combination thereof, from the tenant during the term of the rental agreement.
Source Link - 27 N.H. Rev. Stat. § 540-A:6(III)
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(a) Any landlord who holds a security deposit shall turn the security deposit over at the time of delivery of the deed or instrument of assignment, or within 5 days thereafter, or within 5 days after a receiver has been qualified, to one of the following:
(1) his grantee upon conveying the premises in which the rental unit is located;
(2) his assignee upon assigning his lease to the rental unit;
(3) the receiver in a foreclosure action or other lien of record affecting the property in which the rental unit is located, upon the judicial appointment and qualification of the receiver; or
(4) the purchaser at a foreclosure sale or other lien of record, if a receiver has not been qualified, upon the conveyance to another person by the referee of the property in which the rental unit is located.
(b) The landlord shall notify the tenant by registered or certified mail of such turning over, including the name and address of the grantee, assignee, purchaser, or receiver who then holds the security deposit.
(c) Any landlord who turns over to his grantee, his assignee, a purchaser at a foreclosure sale, or the receiver in a foreclosure action the amount of such security deposit with interest due, if any, is thereby relieved of liability to the tenant for repayment of the deposit. The transferee of the security deposit is then responsible for the return of the security deposit to the tenant or licensee, unless, before the expiration of the term of the tenant’s lease or licensee’s agreement, he transfers the security deposit to another, pursuant to RSA 540-A:6, III(a) and gives the requisite notice pursuant to RSA 540-A:6, III(b). A receiver shall hold the security subject to its disposition as provided in an order of the court to be made and entered in the foreclosure action.
(d) RSA 540-A:6, III(c) shall not apply if there is an inconsistent agreement between the landlord and tenant or licensee.
Source Link - 28 N.J. Stat. § 46:8-20
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Any person, whether the owner or lessee of the property leased, who or which has or hereafter shall have received from a tenant or licensee a sum of money as a deposit or advance of rental as security for the full performance by such tenant or licensee of the terms of his contract, lease or license agreement, or who or which has or shall have received the same from a former owner or lessee, shall, upon conveying such property or assigning his or its lease to another, or upon the conveyance of such property to another person by a court in an action to foreclose a mortgage thereon, at the time of the delivery of the deed or instrument of assignment, or within five days thereafter, or in the event of the insolvency or bankruptcy of the person receiving said deposit, within five days after the making and entry of an order of the court discharging the receiver or trustee, deal with the security deposit by turning over to his or its grantee or assignee, or to the purchaser at the foreclosure sale the sum so deposited, plus the tenant’s portion of the interest or earnings accumulated thereon, and notify the tenant or licensee by registered or certified mail of such turning over and the name and address of such grantee, assignee or purchaser. Notwithstanding any other provision of law to the contrary, it shall be the duty and obligation of the grantee, assignee or purchaser to obtain from the grantor who is the owner or lessee at the time of the transfer, conveyance or purchase any and all security deposits, plus accrued interest on the deposits, that the owner or lessee received from a tenant, licensee or previous owner or lessee, and which deposits were invested, or should have been invested, in the manner required by section 1 of P.L. 1967, c. 265 (C.46:8-19).
Source Link - 29 N.M. Stat. § 47-8-21
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A. Unless otherwise agreed, upon termination of the owner’s interest in the dwelling unit, including but not limited to terminations of interest by sale, assignment, death, bankruptcy, appointment of receiver or otherwise, the owner is relieved of all liability under the rental agreement and of all obligations under the Uniform Owner-Resident Relations Act as to events occurring subsequent to written notice to the resident of the termination of the owner’s interest. The successor in interest to the owner shall be liable for all obligations under the rental agreement or under the Uniform Owner-Resident Relations Act. Upon receipt by the resident of written notice of the termination of the owner’s interest in the dwelling unit, the resident shall pay all future rental payments, when due, to the successor in interest to the owner.B. Unless otherwise agreed, a manager of premises that include a dwelling unit is relieved of liability under the rental agreement and the Uniform Owner-Resident Relations Act as to events occurring after written notice to the resident of the termination of his management.
Source Link - 30 N.Y. Gen. Oblig. Law § 7-105(1)
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Any person, firm or corporation and the employers, officers or agents thereof, whether the owner or lessee of the property leased, who or which has or hereafter shall have received from a tenant or licensee a sum of money or any other thing of value as a deposit or advance of rental as security for the full performance by such tenant or licensee of the terms of his lease or license agreement, or who or which has or shall have received the same from a former owner or lessee, shall, upon conveying such property or assigning his or its lease to another, or upon the judicial appointment and qualifying of a receiver in an action to foreclose a mortgage or other lien of record affecting the property leased, or upon the conveyance of such property to another person, firm or corporation by a referee in an action to foreclose a mortgage or other lien of record affecting the property leased if a receiver shall not have been appointed and qualified in such action, at the time of the delivery of the deed or instrument or assignment or within five days thereafter, or within five days after the receiver shall have qualified, deal with the security deposit as follows:Turn over to his or its grantee or assignee, or to the receiver in the foreclosure action, or to the purchaser at the foreclosure sale if a receiver shall not have been appointed and qualified the sum so deposited, and notify the tenant or licensee by registered or certified mail of such turning over and the name and address of such grantee, assignee, purchaser or receiver.
Source Link - 31 N.C. Gen. Stat. § 42-54
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Upon termination of the landlord’s interest in the dwelling unit in question, whether by sale, assignment, death, appointment of receiver or otherwise, the landlord or his agent shall, within 30 days, do one of the following acts, either of which shall relieve him of further liability with respect to such payment or deposit:
(1) Transfer the portion of such payment or deposit remaining after any lawful deductions made under this section to the landlord’s successor in interest and thereafter notify the tenant by mail of such transfer and of the transferee’s name and address; or
(2) Return the portion of such payment or deposit remaining after any lawful deductions made under this section to the tenant.
Source Link - 32 N.D. Cent. Code § 47-16-07.1(5)
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Upon a transfer in ownership of the leased real property or dwelling, the security deposit and accrued interest shall be transferred to the grantee of the lessor’s interest. The grantor shall not be relieved of liability under this section until transfer of the security deposit to the grantee. The holder of the lessor’s interest in the real property or dwelling at the termination of a lease shall be bound by this section even though such holder was not the original lessor who received the security deposit.
Source Link - 33 Okla. Stat. tit. 41 § 115(C) & (D)
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C. Upon cessation of a landlord’s interest in the dwelling unit including, but not limited to, termination of interest by sale, assignment, death, bankruptcy, appointment of receiver or otherwise, the person in possession of the tenants’ damage or security deposits at his option or pursuant to court order shall, within a reasonable time:1. Transfer said deposits to the landlord’s successor in interest and notify the tenants in writing of such transfer and of the transferee’s name and address; or2. Return the deposits to the tenants.
D. Upon receipt of the transferred deposits under paragraph 1 of subsection C of this section, the transferee, in relation to such deposits, shall have all the rights and obligations of a landlord holding such deposits under this act.
Source Link - 34 Or. Rev Stat § 90.300(2)(b)
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Except as provided in ORS 86.782 (Sale of property) (10), the holder of the landlord’s interest in the premises at the time the tenancy terminates is responsible to the tenant for any security deposit or prepaid rent and is bound by this section.
Source Link - 35 68 Pa. Stat. § 250.104
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Any person who acquires title to real property by descent or purchase shall be liable to the same duties and shall have the same rights, powers and remedies in relation to the property as the person from whom title was acquired.
Source Link - 36 R.I. Gen. Laws § 34-18-19(g)
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In the event the landlord transfers his or her interest in the premises, the holder of the landlord’s interest in the premises at the time of the termination of the tenancy is bound by this section.
Source Link - 37 S.C. Code § 27-40-450
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(a) Unless otherwise agreed, a landlord who conveys the premises that include a dwelling unit subject to a rental agreement in a good faith sale to a bona fide purchaser is relieved of liability under the rental agreement and this chapter as to events occurring after written notice to the tenant of the conveyance. However, he remains liable to the tenant for security recoverable by the tenant under Section 27-40-410, unless the security deposit is transferred from the seller to the purchaser and the tenant is notified in writing a reasonable time after the transaction in which case the purchaser is liable under Section 27-40-410.
(b) Unless otherwise agreed, a manager of the premises that includes a dwelling unit is relieved of liability under the rental agreement and this chapter as to events occurring after written notice to the tenant of the termination of his management.
Source Link - 38 Tenn. Code § 66-28-305
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Unless otherwise agreed, a landlord who conveys premises that include a dwelling unit subject to a rental agreement in a good faith sale to a bona fide purchaser, landlord or agent, or both, is relieved of liability under the rental agreement and this chapter as to events occurring subsequent to written notice to the tenant of the conveyance and transfer of the security deposit to the bona fide purchaser.
Source Link - 39 TX Prop § 92.105
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(a) If the owner’s interest in the premises is terminated by sale, assignment, death, appointment of a receiver, bankruptcy, or otherwise, the new owner is liable for the return of security deposits according to this subchapter from the date title to the premises is acquired.
(b) The new owner shall deliver to the tenant a signed statement acknowledging that the new owner has acquired the property and is responsible for the tenant’s security deposit and specifying the exact dollar amount of the deposit.
(b-1) The person who no longer owns an interest in the rental premises is liable for a security deposit received while the person was the owner until the new owner has received the deposit or has assumed the liability for the deposit, unless otherwise specified by the parties in a written contract.
(c) Subsection (a) does not apply to a real estate mortgage lienholder who acquires title by foreclosure.
Source Link - 40 Utah Code § 57-17-4
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The holder of the owner’s or designated agent’s interest in the premises at the time of termination of the tenancy shall be bound by the provisions of this act.
Source Link - 41 Vt. Stat. tit. 9 § 4461(f)
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Upon termination of the landlord’s interest in the dwelling unit, the security deposit shall be transferred to the new landlord. The new landlord shall give the tenant actual notice of the new landlord’s name and address with a statement that the security deposit has been transferred to the new landlord.
Source Link - 42 Va. Code § 55.1-1213
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The current owner of rental property shall transfer any security deposits and any accrued interest on the deposits in his possession to the new owner at the time of the transfer of the rental property. If the current owner has entered into a written property management agreement with a managing agent in accordance with the provisions of subsection E of § 54.1-2135, the current owner shall give written notice to the managing agent requesting payment of such security deposits to the current owner prior to settlement with the new owner. Upon receipt of the written notice, the managing agent shall transfer the security deposits to the current owner and provide written notice to each tenant that his security deposit has been transferred to the new owner in accordance with this section.
Source Link - 43 Wash. Rev. Code § 59.18.270
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All moneys paid to the landlord by the tenant as a deposit as security…shall promptly be deposited by the landlord in a trust account, maintained by the landlord for the purpose of holding such security deposits for tenants of the landlord, in a financial institution as defined by RCW 30.22.041 or licensed escrow agent located in Washington.
Source Link - 44 W. Va. Code § 37-6A-2
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The holder of the landlord’s interest in the premises at the time of the termination of the tenancy, regardless of how the interest is acquired or transferred, is bound by this section and shall be required to return any security deposit received by the original landlord that is duly owed to the tenant. The provisions of this subsection apply whether or not such security deposit is transferred with the landlord’s interest by law or equity, and regardless of any contractual agreements between the original landlord and his or her successors in interest.
Source Link - 45 Wis. Stat. § 704.09
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All covenants and provisions in a lease which are not either expressly or by necessary implication personal to the original parties are enforceable by or against the successors in interest of any party to the lease. However, a successor in interest is liable in damages, or entitled to recover damages, only for a breach which occurs during the period when the successor holds his or her interest, unless the successor has by contract assumed greater liability; a personal representative may also recover damages for a breach for which the personal representative’s decedent could have recovered.
Source Link - 46 Wyo. Stat. § 1-21-1209
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The holder of the interest of the owner or designated agent in the residential rental unit at the time of termination of the rental agreement shall be bound by the provisions of W.S. 1-21-1207 and 1-21-1208.
Source Link