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Updated over 6 years ago on . Most recent reply
![Harvey Yergin IV's profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/311944/1621443486-avatar-harveyy.jpg?twic=v1/output=image/crop=952x952@0x65/cover=128x128&v=2)
Acquired property with existing tenant - security deposit?
Good morning BP!
Background:
I recently bought a property with an existing tenant. I received the tenant's security deposit at closing. However, I did not receive and the tenant does not have any paperwork showing the condition of the property at move-in 2 years ago.
That tenant was on a month-to-month lease and now wants to move on.
My Question:
How would you handle her security deposit? I plan to do a move-out walk through, but I won't be able to identify prior damage from new damage without any move-in documentation.
Thank you in advance.
Most Popular Reply
![Irina Belkofer's profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/861410/1621504600-avatar-irinab6.jpg?twic=v1/output=image/cover=128x128&v=2)
If you can't prove that the tenant made the damage- you can't charge her. There is such thing as normal wear and tear and if you hold her security deposit longer than 30 days after walk through, you'll meet her in court and the judge will support the tenant.
Just collect her last water/sewer if by the lease it's on her, and move on.
Market is hot now - you'll find next tenant before this one vacated the house.
Good luck!