I have an old landlord that did not transfer my security deposit to current landlord. I am in Iowa. He said it was due

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Customer: I have an old landlord that did not transfer my security deposit to current landlord. I am in Iowa.
JA: Is there anything in the lease that the tenant is not honoring?
Customer: He said it was due to late fee(s) but the fees are not listed on the statement I paid in full
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: plenty, his issue with me was lateness. The lease does say he can do late fees but he never billed them and I have a statement that I paid in full
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Would the fee(s) need to be on the statement, or can he just say I kept your deposit
Answered by Sean K in 1 min 5 months ago
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Sean K
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Sean K
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Sean K
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Sean K, Expert

Thank you so much for using JustAnswer. I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It’s my goal to provide a solid overview of your situation. If I am able, I will also provide you with some resources. Do note that I may have some initial questions to help me better understand your situation. As well, I want to make sure that your questions are all fully and completely answered, so if you have other questions that come up while we are talking, please let me know so I can address those as well.

Also, my responses take time as they are prepared unique to each question. If you post a followup, I will absolutely respond, but there may be a delay as I prepare my response for you.

I am sorry to hear that this is occurring.

So you rented an apartment. Paid Landlord A a security deposit. Landlord B took over and A did not transfer the security deposit to B. While there were late payments, there was never a late fee charged and your payments show current and paid in full - is this all correct?

Customer
Reading your message
Customer
Business lease.
Customer
We were past our lease so running month to month
Customer
Here over 10 years
Customer
He sent me a statement for which I paid in full
Customer
Then said he was selling the property
Customer
The new landlord never received my deposit of $1000
Customer
When I emailed the old landlord he said you used it up in late fees
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Sean K, Expert

And I am guessing the new landlord will not refund the deposit?

Customer
My statement had no such fees in the columns
Customer
The new said get it from the old
Customer
I copied the new in on the email to the old. They are aware of the situation
Customer
We had a long... list of things the old never got to
Customer
I included them with pictures of damage with my security request
Customer
He never replied
Customer
From September
Customer
I suppose it comes down to this. Does he need to put the late fees in the statement? If so he never did and I was never aware of them
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Sean K, Expert

If he has not put the late fees in the statement, my opinion would be, legally, he has waived those. Essentially by providing you the payment history, he has provided a document for you to rely on and you have done so. As well, late fees are situational. Meaning they need to be reflected as they are incurred and if it is not done one month and the rent is accepted, that, in and of itself, essentially waives the fee. There is not really a concept of retroactive late fees.

So if he is showing paid in full, it is paid in full.

Customer
My sentiments exactly
Customer
now what?
Serve him?
Customer
Write another letter and certify?
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Sean K, Expert

I actually believe that the security deposit is the responsibility of the new owners. They took over the lease, so they should have asked for the security deposit to transfer. They likely forgot, or didn't ask at all.

So now they are playing hot potato with the issue.

I would suggest a joint letter to both the old and the new that essentially says to them you don't care who pays it, but they need to sort it out or you will sue them both.

Customer
The old did transfer some of the tenant security deposit
Customer
It is a big complex and I have been here the longest. The new assumed I never gave one
Customer
I am not looking to make an enemy of my new
Customer
I would love it if it was their responsibility to get it from the old
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Sean K, Expert

I believe it is, but you would have to be ready to sue to recover if they did not. Bot***** *****ne for you is that it is a balance between the good will with the new landlord of not pursuing recovery or letting the two of them sort it out. Now, with the letter, you could do that as a low cost option - meaning that if they do sort it out, you recover the SD. If they don't you could make the decision to drop the matter.

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