My landlord sold the apartment in which I live during the term of the lease. I have moved out and the new rental manager is telling me that I must recover the security deposit from the previous owner. Whom do I look to for the return of the deposit?
A. Normally, you would look to the original owner for the return of the security deposit. The case of Tuteur v. P. & F. Enterprises, Inc. (1970), 21 Ohio App.2d 122, has long stood for this proposition of law. I say "normally" because if the past owner and the new owner came to an arrangement wherein the amounts the previous owner held on deposit transferred to the new owner, then the new owner would be the person who had to return the deposit. The wise course, if the matter comes to a lawsuit, is to sue both the new and the old owner and let them sort out before the Court who paid what to whom at the sale of the property.
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