Ex owner stole security deposit & last months rent

Ex owner stole security deposit & last months rent

Rental Property Investor · Bucks county, PA · Member since 2019 · 58 posts · 24 votes

I bought a triplex at the end of April this year, inheriting all three occupied units, so far so good.

I honor their month to month lease until June, then plan to put the security deposits i received at closing into escrow accounts under the new annual leases i get with all of them.

I come to realize security deposit for the “oldest” tenant was not included at closing and neither was last months rent. The tenant moved in Back in 2006 and the previous owner proclaimed total ignorance and said he didn’t have the lease agreement anymore and never touched the security deposit, pointed fingers at KW that handled the lease for him.

My tenant gets a lawyer that procures the full lease from 2006 and clearly states the money provided for security deposit and last months with ex landlords signature… the tenant is now also saying his money should have been in interest bearing escrow account providing statements to him all this time.

The previous landlord clearly messed up and possibly doesn’t comprehend his own responsibilities. I pursue the realtor that sold the property and him, they basically say “not our problem talk to KW” (note the realtor managed other two units before so no problem there) so I do contact KW and they say they never touched the deposit never have never will, and can’t help me since they become legally liable if they do.

Now the old owner won’t respond to me and I need to get legal counsel on how to retrieve the deposit + last months rent. But first, does anyone of you have experience with something like this and could you provide any advice for me on how to pursue the case? I can try reaching out or have my wife reach out to the guy, but how would I compel him to pay back the funds owed?

He could be in a world of hurt if he failed to hold the deposit in escrow all this time, so by challenging us and forcing us to take the legal route, he’s subjecting himself to a whole can of worms that he’d prefer to not open. I just want closure on this thing, I want the landlord to man up and pay his dues since now I’m liable for that amount myself and that wasn’t part of the deal.

Any advice is greatly appreciated.

Thanks for your help everyone!

*Obviously i wont take your advice in place of legal counsel and you hold no responsibility towards me for expressing your thoughts on the matter*

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Greg ScottPro Member
Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes
4y

Realistically, the best course of action may be just to cough up the funds yourself than pursue legal action against the seller.  Talk to your attorney.

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  • Greg ScottPro Member
    Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes
    4y

    Realistically, the best course of action may be just to cough up the funds yourself than pursue legal action against the seller.  Talk to your attorney.

  • Rental Property Investor · Bucks county, PA · Member since 2019 · 58 posts · 24 votes
    4y

    @Greg Scott

    Thanks for your honest response. I called a real estate attorney and the consultation alone is $150, whereas the amount in question is “only” $1,190.

    I learned my lesson and made sure we had the security deposit accounted for at the next settlement, we actually avoided another $1200 repeat of the same.

    You can rest assured that this won’t happen again.

  • Joe S.Pro Member
    Investor · San Antonio · Member since 2020 · 3k+ posts · 3k+ votes
    4y
    Originally posted by @Petur Karlsson:

    @Greg Scott

    Thanks for your honest response. I called a real estate attorney and the consultation alone is $150, whereas the amount in question is “only” $1,190.

    I learned my lesson and made sure we had the security deposit accounted for at the next settlement, we actually avoided another $1200 repeat of the same.

    You can rest assured that this won’t happen again.

    So $1190 would make this purchase a bad deal?????????? You’re kidding right?

  • Rental Property Investor · Bucks county, PA · Member since 2019 · 58 posts · 24 votes
    4y

    @Joe S.

    Nope thats the thing, its a great cash flow property with long term tenants that are very happy after the upgrades I brought and are still paying under market value despite the rent raises.

    I’m not going to sweat the loss. But let this be a lesson for rookies buying rentals with inherited tenants!

  • Joe S.Pro Member
    Investor · San Antonio · Member since 2020 · 3k+ posts · 3k+ votes
    4y
    Originally posted by @Petur Karlsson:

    @Joe S.

    Nope thats the thing, its a great cash flow property with long term tenants that are very happy after the upgrades I brought and are still paying under market value despite the rent raises.

    I’m not going to sweat the loss. But let this be a lesson for rookies buying rentals with inherited tenants!

    You got a great deal under market is what I’m hearing. It sounds like this is simply part of the price of doing business. $1190 is a very small price if you got a great deal. Congratulations on a great deal! :-)

  • Rental Property Investor · Colorado Springs, CO · Member since 2020 · 433 posts · 284 votes
    4y

    Congrats on the good deal. I would consider the cost of tuition fairly low, lesson learned, on to the next deal. 
    Thanks for sharing

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    4y

    It wasn't the landlord that messed up per se.  This should have been addressed in the offer and closing documents including the interest.  Tell the tenant to go after the previous owner for their deposit in small claims court.  Figure out interest on the deposit and even over 15 years, it probably doesn't add up to a lot.  I did a quick calculation for BC (where they have a calculator on the govt website to do this and they are tenant friendly).  For $500 deposit held since 2006 until today, they are owed $15.78 in interest-yes less than $16.  Not a lot of money.

  • Wholesaler, Rehabber and Landlord · San Antonio, TX · Member since 2014 · 2k+ posts · 2k+ votes
    4y

    For future reference and for everyone else you should get an estoppel certificate from the tenants. It basically is a form that the tenant can say they have deposit with the owner. It says what their rent is and how long they have been in the unit. The tenant signs it. 

    This gives you some protection from this exact situation from happening. You know 100% what the rent is and what deposit is on file with the owner. This form is submitted to the title company so that everything gets forwarded to you at closing.

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