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Updated about 2 years ago on . Most recent reply

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Mack Lawson
  • Rental Property Investor
  • Fort Myers, FL
0
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Property Closing Tenant Being Evicted Security Deposit

Mack Lawson
  • Rental Property Investor
  • Fort Myers, FL
Posted

Hoping to get some clarity on this situation.

I am selling a multi family property to be closed this week and one tenant is being evicted. I’ve already filed the motion for default and should be able to give the writ of possession to sheriff before closing. 

The seller is aware of the eviction situation with this tenant.

The company handling the closing asked for the security deposit amounts and I am unsure if I can put down $0 for this tenant.

Their deposit was less than one months rent and I understand you can deduct unpaid rent from the deposit in Florida so I would like not to transfer the deposit. Nothing in the lease forbids it. Does anyone have any experience or insight on this matter?

Most Popular Reply

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Nathan Grabau
  • Realtor
  • Longmont, CO
632
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577
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Nathan Grabau
  • Realtor
  • Longmont, CO
Replied

I would tell them what is going on and tell them you will give them an update before closing with where the eviction is. I have updated closing statements hours before closing for things like this before. Worse thing you can do here is try to oversimplify a complex situation and get it wrong. That really isn't that bad, but I would just communicate with the closing entity what is going on and ask how they would like to have it handled. 

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