Seller did not turn over last month's rent at closing

[Darren S.]

Hi

I just closed on my first property, a duplex that I intend to move into, and it seems the sellers did not turn over all monies at closing. After closing I went to go speak with my new tenants to introduce myself, I also gave the first floor tenant a notice of non-lease renewal and several days later the 1st floor tenant asked if she would get her last month's rent back. Her lease didn't say anything about a last month's rent and the sellers didn't turn over a last month's rent, only security deposits for both units; I told her that and asked if she had a receipt or some paper trail but she didn't. At this point I thought she was trying to get over on me cause she was upset after I explained to her why I would not renew her lease. The 2nd floor tenant said she also paid first,last and security when she moved in and she has proof, she provided a bank statement with the scanned checks showing the total amount she paid when she moved in, 

I went back to my agent and ask him to speak to the sellers about this, the response I got back from the sellers says that they don't have the money after covering closing costs and repairs. The total amount in question is $1740.00. The sales agreement did say the sellers must turn over the security deposits. I plan on writing a letter to the sellers explaining the situation and to turn over all monies before seeking some legal advice. So what are some other recommended courses of action?

[Brendon Woirhaye]

Your escrow company should have handled this and disbursed security deposits and pro-rated rents to you on closing.  Your agent should know how this works too and not pass on a bogus argument like they did.  You have been poorly served by both your agent and your escrow company.

I agree with Ralph that you should have gotten an estoppel from each tenant.  This makes sure that the seller and the tenants are on the same page with what their rents are, what security deposits have been paid, and when their rents are paid through.