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#10748 - 06/07/06 04:01 AM Selling a home subject to lease
UpscaleLV Offline
Member

Registered: 01/14/06
Posts: 724
Loc: Las Vegas
When selling a home subject to a lease, and the buyer becomes the new landlord, who gets the deposits?
Selling a home subject to lease
2 choices allowed


Votes accepted starting: 12/31/69 06:00 PM
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#10749 - 06/07/06 05:26 AM Re: Selling a home subject to lease
ky realtor Offline
Major Contributor

Registered: 04/21/05
Posts: 1879
Loc: kentucky
We have that covered in our contract. Deposits are turned over to the new owner. The money actually belongs to the tenant.
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Comments made are my opinion, and not intended to be legal advice of any kind.

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#10750 - 06/07/06 06:10 AM Re: Selling a home subject to lease
UpscaleLV Offline
Member

Registered: 01/14/06
Posts: 724
Loc: Las Vegas
What about the nonrefundable deposits?
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#10751 - 06/07/06 06:44 AM Re: Selling a home subject to lease
V_Jeremy Offline
Member

Registered: 03/17/06
Posts: 49
Loc: NE Georgia
When a property is purchased subject to a lease, the deposit may or may not be transferred to the new owner depending on what the sales contract specifies but the liability does transfer with the sale. If the deposit does not transfer to the new owner, the new owner must come up with the deposit when the tenant moves out.

So, in answer to your question, who gets the deposit is negotiable but the tenant is still due his/her deposit at the termination of the lease.

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#10752 - 06/07/06 07:00 AM Re: Selling a home subject to lease
Jim Lee Offline
Major Contributor

Registered: 07/01/99
Posts: 4785
Loc: Knoxville, Tennessee, Knox Cou...
 Quote:
Originally posted by UpscaleLV:
When selling a home subject to a lease, and the buyer becomes the new landlord, who gets the deposits?
Typically a new owner gets the deposits (or should) and a pro rated portion of any partial months rents.

YMMV
_________________________
Jim Lee, REALTORŪ, CRS, ABR, e-PRO
[url=www.KnoxvilleHomeCenter.com]www.KnoxvilleHomeCenter.com[/url]
[url=www.KnoxvilleTennesseeRealEstateBlog.com]www.KnoxvilleTennesseeRealEstateBlog.com[/url]
I am not an attorney & I am not giving you any legal advice.

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#10753 - 06/07/06 04:55 PM Re: Selling a home subject to lease
rrealtor Offline
Veteran Member

Registered: 09/15/04
Posts: 792
Loc: Virginia
Security deposit and/or any refundable amount is transfered however it can roll into the sales price.
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Team up with Ritu & Samson Properties for all your Real Estate needs in Northern Virginia.
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#10754 - 08/04/06 04:38 PM Re: Selling a home subject to lease
MA BROKER Offline
Member

Registered: 03/29/06
Posts: 204
Loc: Massachusetts
And if they back out after 3 years where does the money go? Is it handled just like a contract for deed?
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#10755 - 08/04/06 04:41 PM Re: Selling a home subject to lease
MA BROKER Offline
Member

Registered: 03/29/06
Posts: 204
Loc: Massachusetts
After reading some of the responses I wonder if I didn't make myself clearer...I'll try again. I have a condothe owner wants rented and sold. If I rent it for $750 a month and then added 100 more to the rent to be placed in escrow for the new buyer's deposit..should it be "escrow" what about the interest on this...does it go to the new buyer's side? Are there any laws on this type of thing? I thought it might help him rent and sell it to do this.
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