~Snizz~
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The previous owner was supposed to transfer the deposit to you!
Being a landlord isn't easy!
Good luck! ~V. |
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matty_mo1
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You should have worked all this out before the purchase.
Eat Funyuns. |
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TonyJuan12
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Give them an eviction notice! If they argue it take them to court for lack of paying rent and not giving you the deposit. Its not your fault the previous owner did not give the security deposit back! |
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roxanne.turnercouch
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Contact a local tennat/landlord legal service. They will tell you what to do without you breaking any laws. Where I live there is an eviction service that does everything. Raise the rent...that makes people leave. Change the locks...legally you can as long as they have a key. |
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nite_angelica
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File an eviction notice. If they are that sorry, be prepared to damages to the property when they vacate. |
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Melda85
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Evict them |
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Real Estate Guy
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FIRST, the deposit from the seller was to go to you!!!!! It doesn't belong to the seller. It belongs to the tenent and should have been held in escrow and then transferred to you at settlement.
However, you are responsible for the deposit refund to the tenent.
If there is a lease, you need to honor it. If there isn't a lease or its up, then give them 30 days notice and if they don't more, start the process to get them out. If they haven't paid rent, start the process NOW.
Since they haven't paid rent, you don't have to give back the deposit. However, I would go after the seller and get it. Maybe even small claims court. YOu need to get the money. It's not the responsible of the tenant |
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Little One
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contact a lawyer and handle it legally. Give them 15-30 days to vacate the property or have them evicted by your local sheriff. The lawyer will tell you all about it.
Good luck |
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Kandy M
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You don't let people move into a house w/o a deposit to start with. You have to go to the sheriff's dept. and get a notice then they will have the legal amount of time to get out. Just you telling them to get out is not enough, you must have the notice certified by an official. |
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tercir2006
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The former owner is responsible for the deposit. Either he must give it to you OR return it to your tenants.
Find out what the former owner did with the deposit. If he returned it to the tenants, get proof. You will be able to press the point about giving you a deposit. If the former owner has NOT returned the deposit, or passed it over to you then he is guilty of taking something that does not belong to him. You have legal options either way.
Good Luck with that. :) |
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exhaustedtraveler
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I don't understand why they thought they'd get their deposit back just because the other landlord left. The old landlord should have transferred the deposit to you to hold until they move out - they have no reason to think they'd get it back until then, and they have no reason to withhold rent. Check the lease, I'll bet it says that the deposit cannot be used to cover the rent at any point...
Call a lawyer and get the eviction process started. At the very least a notice might scare them into behaving. I would also try filing a grievance in small claims court to get the deposit from the old landlord - or at least ask the lawyer about the advisability of doing that...
Good luck! |
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m_c_m_a_n
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If you are giving applicable notice then they need to vacate. If they fail to do so you will have to go there with the police and a court order. |
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shannon
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I would not let them live there. They have to pay you, even though the contract was not between you and the tennent. Try to contact the other owner also. They should have a key, and maybe you can work something out about the deposit. |
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DaveNCUSA
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You have a lease from them and assumed the liability for that deposit when you bought the property. They owe you rent for the first month and you are responsible for paying the deposit back at the termination of the lease. |
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ginny
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You really need to talk to the landlord tenant bureau as every state and province has different laws. |
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Your Property Path
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Your deposit should have been in escrow - first call the escrow agent to see if there was one. If so, why wasnt it part of the escrow agents work?
Besides that, you have a right to access in case of emergencies and they cannot withhold rent. What happens to people who use services and refuse to pay for them?
I would send them a certified letter requesting payment for rent due.
If there is no response in three days, I would hand this and your request (copy) to an attorney for a proper three day notice to pay or quit. Be sure you use the right form ( you can buy this at your local owners association) and have it properly served using a process server. (there are companies that make a business serving notices in the proper legal manner).
All procedures have to be according to exacting legal procedure or you will have to start again.
Good Luck |
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Sahara
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Do you know the laws in your state? I have heard that the state in which I live in is terrible to landlords. (I don't know. It seems to go both ways.)
It sounds like at least some of this should have been handled before the purchase. I feel for the tenants in terms of the deposit. They shouldn't have to pay it twice. They probably can't afford to pay it twice. Was it factored into the purchase price?
Edit: The tenants should still pay rent. I don't know why they are worried about the deposit. Are you asking them to pay another deposit? Where is the previous landlord? What were the terms of the agreement in terms of the deposit? |
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mgabel
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Kick their butts out!! Pay the rent or hit the road. DO NOT BE A PUSH OVER. Trust me a own rentals. |
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SuperCactus
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You should have received the deposit money from the seller... or it should have been factored into your purchase price. You also should have received a signed lease or rental agreement, so that you know the details of the tenancy.
Situations like this can become very sticky. Since you sound like an inexperienced landlord you should take your problem to a REAL ESTATE attorney right now. That will save you money and problems in the long run. |
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gemini
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That's not your problem. Give them a 30 day notice to vacate and also go to court to collect the rent they owe. |
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Bugzy M
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im a land lord & a bailiff.how ever wen u let a house u shud go through a solicitor asthey give u a hard time then u can take action, |
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