My apartment complex was foreclosed on about 1.5 years ago. It switched hands between a few banks and is now owned by Fannie Mae.
During the initial foreclosure my original landlord returned my deposit. My existing lease got taken over by the bank, but they never asked for a deposit.
I'm about to move out. If there is any damage or cleaning that needs to be done, they would usually just deduct it from my deposit. In the event that there are costs, is there anything my current landlord can do? I'm mostly just curious.
I don't know what state you are in, but in Florida it works like this:
They don't just "deduct it from your deposit". Following the expiration of a lease, and following the landlord "taking possession" (that act is important), he has 30 days from the expiration of the lease period (provided you submitted notice following the statutes - which for a year long lease in Florida is 60 days) - in which he can submit a "claim" upon your security deposit. Yes here in America's Wang if you have a yearly lease and you want to move - you must supply 60 days notice (thats actual calendar days) - and you should do so following the letter of the law, with a certified mail - return receipt.
So he has 30 days to file a claim after the expiration of the lease. How does he file a claim? He submits to you - using statutorily defined forms - a line by line description of the items that are damaged. Note ordinary wear and tear is excepted. They can't charge every tenant that leaves for new carpet. If they replace it every year, thats on their dime, though down here they often charge a separate "redecorating fee" - often $350-$500 to new tenants that covers carpet. Even if you ruined the carpet - courts have upheld that 3-5 years is about the length of time it lasts so you could push that pretty far.
Once he has submitted to you the claim, you have an opportunity to reject those claims by sending him a similarly statutorily defined form. If you don't agree and come together on a compromise - ***The Tenant*** must sue the landlord. In the case that the tenant does agree and files no counters the check is sent. Often in any case the check is sent.
The act of cashing the check is enough for a court to say "you accepted therefore your claims are null".
So long story before all that - probably doesn't even apply to you.
You had a landlord - he took a deposit, and when he foreclosed he returned the entire deposit to you?
Now a bank owns - you entered a lease with that bank with $0 as security deposit.
In the event that you cause damage to the property the bank will simply sue you - obtain a judgment, garnish wages (unless in TX god love that state), bank accts, place liens on stuff you own, a lien on any property, and maybe have the sheriff come visit and sieze stuff you own to sell at auction to pay the owner (the bank).
What will really happen? Probably nothing unless you burn the place down. A bank ain't no landlord and they hold properties and are currently holding way too many and probably can't administer any of them properly. It would behoove you to leave the property in a neat, clean, broom-swept condition, and to repair any damage you caused, normal wear and tear excepted.
That typically means - rent a rug doctor for $20 at the grocery and run it over everything. If you smoke, and smoked in the unit - paint the walls. If not maybe spot clean the walls. Clean all the doors. Clean the windows and sills. Mop the non-carpeted floors, clean all fixtures and make sure to leave absolutely nothing in the unit. Fill any nail holes with basic spackle, don't worry about painting that.