Q: In CA when buying a duplex with renters who receives the rental deposit knowing that the tenant will not get it back?
My partner and I just purchased a duplex in CA. Both renters were given 60 day notice. One renter moved out before closing and the seller gave back his deposit. The other tenant has not vacated and we took possession of the property. In our closing paper work no deposit money for tenant was put in escrow nor were we given a check or cash at closing. With that being said the tenant will not be receiving her deposit back due to her thrashing the apartment. So who should have recieved the deposit the sellers or us the buyers because she is still in the apartment? This sell also gets sticky because it was a dual agency transaction and I believe that my real estate agent did not always act in my best interest, and consulted with the sellers agent on many parts of the sell.
A: As the buyer of the duplex, you "step into the shoes" of the previous owner. Which means the seller should have given you the deposit, which is held in trust for the tenant. Since the seller did not give you the deposit, you will likely be out of the money unless you request the deposit from the previous owner.
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