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

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

Investor · Philadelphia, PA · Member since 2015 · 8 posts · 4 votes

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?

1Reply
45 views

Most Popular Reply

Rental Property Investor · Whittier, CA · Member since 2014 · 324 posts · 268 votes
10y

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.  

See this reply in the discussion

11 Replies

Jump to latestLatest
  • Investor · Bethel, AK · Member since 2013 · 1k+ posts · 852 votes
    10y

    @Darren S.  I wouldn't write the letter.  Let an attorney do it.  His letter will have more effect.  I would consult an attorney, and then possibly get in touch with who ever sets the rules governing licensing in your state.  In Colorado its called D.O.R.A. (dept of regulatory agencys.)  They set the rules governing deposits and rents in CO.  I don't know what its called in your state.  I would also contact the closing tittle company.  They should have transferred the money as a credit at closing.  The seller is just going to give you the run around. The Lesson here is if you are not going to rent a unit make the seller get the tenant out before you buy.  put it in as a contingency.  Some people wont even buy a rented property.  You should have had the tenant sign an Estopple agreement prior to closing.  This may have come up then, before you owned the property. RR

  • Rental Property Investor · Whittier, CA · Member since 2014 · 324 posts · 268 votes
    10y

    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.  

  • Linda WeygantPro Member
    Investor and CPA · Arvada, CO · Member since 2015 · 2k+ posts · 3k+ votes
    10y

    Did you not get estoppel letters as part of your due diligence?  

  • Dawn AnastasiPro Member
    Rental Property Investor · Milwaukee, WI · Member since 2013 · 6k+ posts · 4k+ votes
    10y

    A couple things missing in this transaction:

    - Estoppel letters

    - Title company should have handled the security deposit transfer on the settlement statement

    - Title company should have handled the pro-rated rents on the settlement statement.

    It's much easier to work on these things BEFORE you close then after.

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    10y

    I echo the above, except the title co. did their job properly.....they deducted/transferred deposits, I assume prorated rents, but they had no evidence or instructions about prepaid last month rents as the buyer didn't know of their existence, and that is the buyer's job to determine, not the title co.

  • Investor · Philadelphia, PA · Member since 2015 · 8 posts · 4 votes
    10y

    Thanks for all your responses. Ralph, lessons learned: next time either get an Estoppel agreement or have the seller get the tenant out prior to closing.

    I received a copy of each lease from seller and neither leases mentioned anything about a prepaid last month's rent, I never thought about an Estoppel and I agent never mentioned or recommended one. I won't make that mistake again. The tittle company would not have had any idea that seller collected last months rent. 

  • San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
    10y

    I think the simplest thing to do at this point, is sue the seller in small claims court.  On the claim form, I'd put "fraud" on it, and ask for the total of the one-month rents from both tenants, and also ask for your court fees "and any punitive damages the court finds appropriate."  This seller knew he wasn't turning over all the funds he should have.

    You don't have to know what the fees or punitive damage amounts are.  You can just say "and court fees and any punitive damages the court finds appropriate."

    You can subpoena the tenants and/or their documentation.

    I think title companies should require estoppel letters from tenants.  I think it's ridiculous that they don't.

  • Investor · Woodbridge, VA · Member since 2015 · 476 posts · 197 votes
    10y

    First I would try to threaten the sellers with legal action, if that did not work go to small claims court. I would not retain a lawyer though for such a small amount of money as the lawyer is likely to cost more than the amount owed to you.

  • Rental Property Investor · Whittier, CA · Member since 2014 · 324 posts · 268 votes
    10y

    @Darren S., is there an ending to this story?

  • Investor · Philadelphia, PA · Member since 2015 · 8 posts · 4 votes
    9y

    @Brendon Woirhaye, yes there is an end. I spoke with a lawyer who told me that I did have a case with good chance of winning and that I should file in small claims court and represent myself.  So I took his advice, filed a claim against them in small claims court, I waited several months after I found out to file because I wanted to focus on the rehab and so I can wait for the most inconvenient time to set court date. Five days before the court date the sellers contacted me through my agent and the day before the court date they paid. It turns out filing a claim in small claims court was quick and easy, I was back home in under an hour. Overall this was a good learning experience  that I hope never to repeat again.

  • Rental Property Investor · Whittier, CA · Member since 2014 · 324 posts · 268 votes
    9y

    That is awesome that it turned out as it should have!  Glad to hear it worked out.

Join the conversationCreate a free account to reply, vote on answers and follow this thread.