Inherited tenant on purchased property - seller didn't collect security deposit

[Michell Chase]

So a bit of a weird situation.  I am about to close on a multi family property that currently just has 1 tenant in place.  I just received the information on the tenant from the listing agent/property manager.  In the lease it states that a security deposit of 1 months rent was collected.  But I was also sent a document stating that a county housing assistance program was guaranteeing the tenants security deposit (which was accepted by the current landlord) but not for the full lease term because the tenant is no longer receiving assistance and that the guarantee would only be until 2/2025.  The letter also stated that the current landlord should have begun collecting payments toward to the security deposit upon receipt of the letter they provided me, which they did not.  Couple of questions on this one, as I have not closed on the property yet, but it is scheduled for next week.  1.  As the lease the current landlord signed with the tenant stated that they collected one months rent as a security deposit can my attorney require the owner to provide those funds?  They stated they collected them and as per the letter from the housing assistance program they should have started collecting those funds from the tenant back in October. (and on the flip side the tenant can surely say they paid it as per the lease and even though I didn't receive it on purchase he has the lease stating he paid).  2.  If I cannot recoup the funds from the current owner can I do a full inspection of that unit during my pre closing inspection to bill the assistance program for any visible damages before 2/2025 when the guarantee expires?  3. Is there legal recourse for me to now collect the required security deposit from the tenant even though he is in place (his lease does not expire until 7/2025), can i do a lease amendment requiring payment?

Thanks...

[Nathan Gesner]

Quote from @Michell Chase:

It isn't a large amount but my concern is that if I remove the tenant in July I have no deposit in the event that there are damages to the unit.  We already signed the purchase agreement several months ago...it has been on hold while they mitigated a pest control issue that has taken 2 months.

If it's that important, make it part of your purchase agreement. You identify the problem (lack of deposit) during your inspection phase, then hit them with an objection that requires them to pay you a deposit at closing.