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Updated about 4 years ago on . Most recent reply

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Bertha T.
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Inherited tenants, no proof of security deposit

Bertha T.
Posted

So my husband inherited a multifamily home in illinois when his dad died. We moved in to the first floor. And now have also inherited tenants in the upstairs apartment. These tenants didn't have a signed lease. They are leaving in 2 months and are asking for their security deposit. 

However, we don't know if the departed father ever collected a security deposit from the tenant. We asked for a receipt or any kind of proof. The tenant has none. Now they are bringing up lawyers.

I am at a lost. Are we liable for a security deposit when there is no proof of one or how much? 

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Tracy Streich
  • Real Estate Broker
  • Tulsa- OKC Oklahoma
800
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868
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Tracy Streich
  • Real Estate Broker
  • Tulsa- OKC Oklahoma
Replied

If they have proof you are on the hook.    However the lease would state the amount even if they don't have proof.   No lease no proof even with a lawyer they will be hard pressed.   How much money are we talking about.  Always amazed at how fast someone worried about less than $1000 says they have a lawyer.   Will cost a minimum of $200 just to file and get to court in small claims with no lawyer.  

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