Security deposit from an inherited tenant

[Christina Tkacs]

I'm buying my first duplex and we are closing on January 1st.  We are inheriting a long-time tenant (I've read many posts about the ups and downs of inherited tenants).  This tenant moved from side A (where he's lived for the past 10+ years) to side B last month, while we were in the process of purchasing, and is now on a month-to-month lease.

Here's the thing - the tenant TRASHED side A.  The seller kept the tenant's entire security deposit because of the extent of damages, and said he needed to come up with a new security deposit prior to moving into side B.  This has been done and the new deposit will be in my bank account soon.

The seller has NOT used the security deposit from side A to repair side A.  We are buying the duplex as-is, so we're expecting these repairs.  However, wouldn't it be legally and/or morally right for the seller to give us the security deposit for side A to help with repairs, since that's what it was collected for?  Or can he just pocket it?  That just doesn't seem right for the seller to keep it and not use it for repairs.

The security deposit was $800 and the damage includes significant water damage around the tub, two cats who used every vertical surface as their personal scratching posts (pet deposit = $1), and infestation due to extremely poor housekeeping.  All seen prior to purchase.

I am in Washington and this subject has not yet been broached.  I just want to know if I have a leg to stand on in this situation.

Thanks!

[Anthony Hurlburt]

Your bigger issue is to immediately upon closing giving the tenant notice that you will be terminating his month to month lease.  The $800 dollars is pocket change compared to the damage he will soon inflict on side B.