Cal. Civ. Code § 7-105
Landlord failing to turn over deposits made by tenants or licensees and to notify tenants or licensees thereof in certain cases
Operative Text
§ 7-105. Landlord failing to turn over deposits made by tenants or licensees and to notify tenants or licensees thereof in certain cases. 1. 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. 2. Any owner or lessee turning over to his or its grantee, assignee, to a purchaser of the leased premises at a foreclosure sale, or to the receiver in the foreclosure action the amount of such security deposit is hereby relieved of and from liability to the tenant or licensee for the repayment thereof; and the transferee of such security deposit is hereby made responsible for the return thereof to the tenant or licensee, unless he or it shall thereafter and before the expiration of the term of the tenant's lease or licensee's agreement, transfer such security deposit to another, pursuant to subdivision one hereof and give the requisite notice in connection therewith as provided thereby. A receiver shall hold the security subject to such disposition thereof as shall be provided in an order of the court to be made and entered in the foreclosure action. The provisions of this section shall not apply if the agreement between the landlord and tenant or licensee is inconsistent herewith. 3. Any failure to comply with this section is a misdemeanor.
Under N.Y. Gen. Oblig. Law § 7-105, when a rental property changes hands — whether through a sale, a lease assignment, or a foreclosure proceeding — the party holding a tenant's or licensee's security deposit must transfer that deposit to the new owner, assignee, or court-appointed receiver within five days of the transaction. The tenant or licensee must also be notified by registered or certified mail of the transfer and given the new holder's name and address. Once the deposit is properly transferred with notice, liability for returning it shifts from the original holder to the new one. Failure to comply with these requirements is classified as a misdemeanor under New York law.
Plain English — not legal advice.
Property owners and managers subject to N.Y. Gen. Oblig. Law § 7-105 generally ensure that, at or within five days of closing a sale, completing a lease assignment, or the qualification of a foreclosure receiver, all tenant and licensee security deposits are formally transferred to the incoming party. Compliant operators also send registered or certified mail notices to each affected tenant or licensee identifying the new holder's name and address. Maintaining clear records of the transfer and proof of mailing is a common practice, since proper compliance under § 7-105 is what relieves the transferring party of ongoing liability for those deposits.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Gen. Oblig. Law § 7-105 gives tenants and licensees the right to receive written notice — by registered or certified mail — whenever their security deposit is transferred to a new owner, assignee, or foreclosure receiver, along with that new party's contact information. If a property changes hands and no such notice arrives, or if the deposit is not properly transferred, the statute's misdemeanor provision signals that the obligation is taken seriously under New York law. Tenants who believe a transfer was mishandled may consider reaching out to a local tenant-rights organization, contacting the appropriate housing agency, or consulting with an attorney to understand what remedies may be available under § 7-105.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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