Deposit from previous landlord

[Account Closed]

Hello,

I recently bought my first unit. We closed on the 25th and the previous tenant moved out on the 31st. I have two questions. 

1. The tenant is asking for the deposit back. The tenant signed an agreement with the previous landlord, once that lease expired the tenant lived month to month for almost another year. I have no paperwork or agreement with the previous tenant, but, I was provided a deposit credit from the previous landlord upon closing that was writen into the purchase agreement. Am I entitled to provide a deposit to the tenant?

2. The tenant said that they moved out on the 31st but said they could not get me the keys before the 1st and told me I had to pick them up from their friend's business. I was unable to go into the unit and to schedule work for another day. Am I able to charge for the late return of keys, or is it even considered late?

Thank you in advance for your help!

[Jon Holdman]

You are required to return the deposit, minus deductions, to the tenant.  You were given a credit, so you have their money.

I would not try to collect anything for late return of keys, assuming you had access to the property and they were really out.

I highly recommend you find a landlord/tenant attorney and have (pay for) a conversation about landlord tenant laws and customs in your area.   You may not have any paperwork, but you absolutely have an agreement with existing tenants when you buy an occupied rental.  The seller should have given you copies of the lease.  You are bound by the existing lease.  There's no question about you being responsible (not "entitled to") the deposit.  There are rules about what can be deducted and what can't, and when you have to provide an accounting of the deposit and any remaining deposit to the tenant.  Failure to follow these rules can result in double or treble damages in some areas.  Further, judges will have conventions about what to deduct.  For example, if you try to charge a tenant for carpet damages around here, and the carpet is more than three years old a judge will disallow that.  Three years is the expected lifetime.