Security Depisit & closing on aunit right as tenant is moving our

[Jack Bier]

Hi all,

I’m closing on a duplex on April 1st. One side is moving out, and their lease is up April 1st. Assuming I’m credited the security deposit at closing, I have an issue: the house is literally a trash dump inside. There are piles of trash, piles of unwashed clothes, mud on the walls, etc. I can’t imagine how someone can live that way.

Anyways, in normal circumstances, I would give the deposit back no questions asked. In this scenario, where I’m going to have to hire a cleaning company and possibly treat the unit for the smell, I feel entitled to the security deposit. My question - I don’t have any pictures of the unit before it was rented, and obviously no history with the tenant. Would it be ok if I made a claim on the deposit? Obviously when the tenant moved in, there was not mud on the walls, missing floor tile, trash on the floor, etc.