Tenant vs. Previous Owner: Security Deposit & Last Months Rent

[Matthew B.]

I purchased a property from a motivated seller. The property is tenant occupied. The seller stated he was not holding a security deposit or last months rent for the tenant. 

After closing, the tenant is refusing to pay rent - saying the previous owner has his security deposit and last months rent. He wants to use both for October and November rent, and move out at the end of November. The previous owner still denies holding any money for the tenant.

I'm stuck in the middle. Planning on filing for eviction. I'm assuming the tenant will have to prove he paid the security deposit and last months rent to the previous owner back in 2013?

[Jon Holdman]

Do you have a landlord/tenant attorney?  If not, get one.  You say you assume the tenant would have to prove he paid a security deposit and last month's rent.  If you don't have a copy of the lease and security deposit agreement showing these were not paid, it won't be difficult for the tenant to come up with something saying they were.  You should have received a copy of the lease from the seller.   An estoppel letter like @Sara K. mentions would be even better.   Do you have something in writing from the seller?

How much money are you talking about here?  You might end up having to sue the seller.

Never ever let a tenant use the security deposit for the last months rent.  There is almost always damage that isn't visible until the unit is empty.