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I have a question about a tenant/landlord situation

Posted on 8/30/18 at 8:15 pm
Posted by flyAU
Member since Dec 2010
24901 posts
Posted on 8/30/18 at 8:15 pm
I will try to make this brief.

I rented a townhome 6 years ago which had gone to month to month after the first year. This year the landlord said he wanted to sell. He agreed to sell it to me as-is for a under market value because there was wear and tear that needed to be done from us living here for years. There was a $1000 security deposit for the rental contract.

I buy the unit "as-is" at the agreed upon price. I message him about the prorated rent due back to me as well as a refund from the security deposit since I took on all the repairs needed.

He writes back that they are not refunding the $1k because that was factored into the price because of the repairs they would have had to do.

There was never mention of this sale price including forfeiting the security deposit and I kept the two legal agreements separate for that reason.

Am I in the right to expect that security deposit back?
This post was edited on 8/30/18 at 8:16 pm
Posted by Fourteen28
Member since Aug 2018
1156 posts
Posted on 8/30/18 at 8:17 pm to
InB4 trashy
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
71829 posts
Posted on 8/30/18 at 8:20 pm to
quote:

Am I in the right to expect that security deposit back?


Of course, unless they have something in the purchase agreement. I'd love to hear the person explain how they deserve that money with a straight face.
Posted by Walt OReilly
Poplarville, MS
Member since Oct 2005
124694 posts
Posted on 8/30/18 at 8:20 pm to
I wouldn’t worry about it if I were you.
Posted by OleWarSkuleAlum
Huntsville, AL
Member since Dec 2013
10293 posts
Posted on 8/30/18 at 8:20 pm to
You are worried about $1000 when you are getting a deal on a townhome?
Posted by flyAU
Member since Dec 2010
24901 posts
Posted on 8/30/18 at 8:21 pm to
quote:

Sort of what I am thinking.


I know this is the OT, but seriously, you would just say "yeah go ahead and keep that thousand"?
Posted by tgrbaitn08
Member since Dec 2007
148031 posts
Posted on 8/30/18 at 8:21 pm to
You lived there for 6 years and bought the place under market value??

Yeah, frick that you’re not getting the deposit back
Posted by fightin tigers
Downtown Prairieville
Member since Mar 2008
79791 posts
Posted on 8/30/18 at 8:23 pm to
Always assume you are losing your deposit.

Especially assume you are losing it when you are getting a below market value.

You sound poor worrying about a $1k security deposit after 6 years. Bet you wish you would have made a better deal.
Posted by LSU fan 246
Member since Oct 2005
90567 posts
Posted on 8/30/18 at 8:23 pm to
I would leave it alone

I would never expect a deposit back on anything, much less a place youve had for 6 years
Posted by flyAU
Member since Dec 2010
24901 posts
Posted on 8/30/18 at 8:24 pm to
This is more of a ethics question than it is a "I am going broke without that money" question.

I am a landlord of a rental property myself and would assume I would be giving back the security deposit if they bought the place from me. I just thought it was an obvious situation that has proven not to be.
Posted by tigeralum06
Member since Oct 2007
2924 posts
Posted on 8/30/18 at 8:24 pm to
Take him to small claims court. He has no damages or claim to the deposit.
Posted by Rouge
Floston Paradise
Member since Oct 2004
138845 posts
Posted on 8/30/18 at 8:24 pm to
quote:

buy the unit "as-is" at the agreed upon price


before you

quote:

message him about the prorated rent due back to me


Never change, OT
Posted by ThatMakesSense
Fort Lauderdale
Member since Aug 2015
15281 posts
Posted on 8/30/18 at 8:24 pm to
Just accept it and move forward.

Christ in a pancake.
Posted by fightin tigers
Downtown Prairieville
Member since Mar 2008
79791 posts
Posted on 8/30/18 at 8:25 pm to
quote:

I am a landlord of a rental property myself and would assume I would be giving back the security deposit if they bought the place from me. I just thought it was an obvious situation that has proven not to be


You are bad at landlording then.
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
71829 posts
Posted on 8/30/18 at 8:25 pm to
I read it again. If "as-is" had an implied meaning of cheaper sale price due to the wear and tear, then I could see where the seller is coming from.

If he didn't sell to you, he likely would have used that money to repair whatever needed repairing and gotten a higher price.
Posted by Tiny Rick
In a vat in the garage
Member since Jan 2016
1517 posts
Posted on 8/30/18 at 8:26 pm to
This is why skinny whites girls are preferred tenants.
Posted by ThatMakesSense
Fort Lauderdale
Member since Aug 2015
15281 posts
Posted on 8/30/18 at 8:26 pm to
quote:

am a landlord of a rental property myself and would assume I would be giving back the security deposit if they bought the place from me. I just thought it was an obvious situation that has proven not to be.


What did you learn from this experience?
Posted by Evil Little Thing
Member since Jul 2013
11637 posts
Posted on 8/30/18 at 8:26 pm to
Of course you’re entitled to it. You bought the unit; he has zero damages to repair on a property he doesn’t own anymore.

Obvs not a lawyer, but this seems common sense. Your rental agreement & your home purchase are unrelated agreements.
Posted by Eli Goldfinger
Member since Sep 2016
32785 posts
Posted on 8/30/18 at 8:26 pm to
It’s $1000.

Learn the lesson and move on.
Posted by flyAU
Member since Dec 2010
24901 posts
Posted on 8/30/18 at 8:26 pm to
quote:

Rouge


So you think 20 days of rent that you bought a place from is forfeit too? Never change Rouge.

shite I need to sell some things in here.
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