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.

[Andy Tomaswick]

I'm certainly not a lawyer, but I would think you're entitled to the deposit.  If they argue about it, you can ask them if they had any proof that it was in that condition when they move in.  I would think a responsible tenant would have documented any obvious deficiencies when they moved in if they were worried about getting the security deposit back.

But I'll reiterate, I'm not a lawyer, so I don't know if that's legal or not.  Interesting question though!