My wife and I control a property in Mandan ND. It's a probate property and is owned by a distant relative of hers. The power of attorney, a distant uncle, has not finished the probate since 2019, and we have a suspicion he never will. He's very busy and has a host of health issues. He wants nothing to do with the home. We have a purchase agreement contract in place and have controlled the property since 2020, renting it out during this entire time. Talking with our CPA initially about this deal, he informed us not to pay taxes because the seller will eventually pay them when the property is rightfully sold to us, which is yet to happen. This tax issue has always been in the back of our minds as we are not the rightful owners yet.
We had a new tenant move into the property Nov 2022. On May 1st the sheriff delivered a foreclosure notice to the tenant due to back taxes for 2020. We have contacted the city and county and are remedying this issue. We will pay any and all back taxes and currently have our personal residence listed as the forwarding mailing address.
The tenant signed a 1 year lease with us, but due to this issue they became worried and decided to move out of the property, understandably so. However, according to the terms of the lease they lose their security deposit if they don't fulfill their one year obligation. He stated that the foreclosure notice nullified any lease agreement in place, something I'm not so sure about as I don't have much legal expertise? Due to our blunder we are a bit embarrassed by the whole issue. After they moved out the property needs obvious work: carpets weren't cleaned, there's holes in the walls due to fixtures and wear and tear. They removed our old door bell and replaced it with their own, but took it when they moved out. They didn't clean properly, etc. So it's gonna take a bit of money to fix these issues.
I'm concerned about the tenant raising a stink if he doesn't get his full security deposit back, perhaps thinking he's entitled to the entire amount without fixing the home. Is anybody able to help clarify these problems for me? Specifically the question at issue is this: does a foreclosure notice nullify a lease agreement in place, thereby allowing the tenant to retain the entire security deposit amount?
Thank you to all who read this and help clarify the issue!