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Residential TradingMulti Unit DwellingsONMEDIUM

After closing on a triplex, the buyer learns that the seller kept the tenants' last month's rent deposits and did not credit them to the buyer. The buyer asks each tenant to pay a new last month's rent deposit. May he require it?

Correct Answer

D) No; deposits paid to the seller still count and bind him

Section 106(4) says a new landlord shall not require a tenant to pay a rent deposit if the tenant already paid one to the prior landlord, and s. 106(10) requires the landlord to apply a deposit paid to the landlord or a former landlord to the last rent period. Any shortfall is between buyer and seller, not the tenants.

Answer Options
A
Yes, because each tenant's deposit was paid to the seller and not to him
B
Yes, if he gives each tenant 90 days' written notice before collecting it
C
Yes, but only half of the deposit, with the seller owing the other half
D
No; deposits paid to the seller still count and bind him

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Key Terms

rent depositnew landlordsection 106(4)statement of adjustmentslast month's rent
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