Skip to content
Two investors reviewing resources on a laptop

Get industry-leading resources — for free

Unlock resources for every investing strategy and stage with a free account.

By continuing, you agree to BiggerPockets LLC's Terms of Use and Privacy Policy

Followed Discussions Followed Categories Followed People Followed Locations
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback
Account Closed
  • Rental Property Investor
  • NY
17
Votes |
21
Posts

Seller Returned Security Deposit to Tenants before Closing

Account Closed
  • Rental Property Investor
  • NY
Posted

Our closing is scheduled for this week for a multi-family purchase, and we just found out that the seller returned the security deposits to the current tenants. We are inheriting the tenants in this purchase.

What recourse do we have to adjust for the now non-existent security deposits?

- - - - -

Cross-posted from buying and selling forum

Most Popular Reply

User Stats

15,229
Posts
11,892
Votes
Theresa Harris
#3 Managing Your Property Contributor
11,892
Votes |
15,229
Posts
Theresa Harris
#3 Managing Your Property Contributor
Replied

As you haven't closed, did the contract state the security deposits were to be transferred to you?  If so, then the seller has to give you that money.  If they gave it to the tenants, then the seller is out that money as you are still owed it.  The seller needs to get it back or give you the equivalent.  The security deposit should have been included as part of the the purchase of the home and written in the contract.

  • Theresa Harris
  • Loading replies...