Deposit refund after the property sale

[Phil C.]

We recently purchased a property at Atlanta, GA with tenant living in the property. On the lease, there was certain amount of deposit from the tenant. When we did the closing, the attorney put the deposit in an escrow account.

After the sale, the previous owner states that the tenant has not paid the rent for a couple of months, so the deposit has been forfeited therefore should be returned to the previous owner. Now the inherit tenant did not pay the rent to us and is currently in eviction. In this case, can we claim the deposit? Or is it up to the previous owner and the new owner to figure out a way to divide the deposit? 

Thanks!