Registered: 1177026915 Posts: 1
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My name is Michelle and I'm from Mi. Here's the back gound info....I just purchased 14 days ago a duplex from my brother in law which is tenant occupied. Prior to close, I was supposed to recieve info about the tenants ie copies of leases, info on utilities, past lawsuits, transfer of security deposit, ect. He moved to Fl before he sold the duplex and put it up as a lein on a new business he bought. This caused my closing date to be switched three times in 3 weeks. Closing was a complete nightmare. Anyway, when closing finally happened, he faxed all closing paperwork from Fl minus the info on tenants and my transfer of security deposit. I called him during closing and he assured me that the info was in the mail. No info. Since then I have email twice to get it. He had informed me that because he took both tenants to court a yr ago I could go to the courthouse and buy the copies of the leases. It would be quicker and easier that way. Today, I went and bought my copies and found out the amount of the security deposits for each tenant. Here is the problem...In mi we have strict laws about how to handle the security deposits. I need to open a bank account and put the tenants security deposits in there. It's not my money and it's not my brother in laws money either.however I am afraid that in doing so, my brother in law will be off the hook for transfering the security deposit to me. To my knowledge, he has not sent them itemized lists of damages and he has not informed them that we own the duplex now. Do I email him letting him know that I need their money transfered to me or do I just open a bank account and then take him to small claims court. The total of the security deposits will be 1100.00
Registered: 1169270040 Posts: 3,809
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Nice BIL, huh? (Sorry, no snide comments on one's in-laws!
) I wouldn't take my money to open those accounts. While the law requires you to put their deposit in seperate accounts, you don't have that money yet. For all you know, he may have that money in seperate accounts in the tenants' names in a MI bank. (But I kind of doubt it.) I would see an attorney about drafting him a letter insisting that he turn those deposits over to you now. If he fails to do this in a short time, I would file against him in small claims court. In the meantime, if a tenant asks about their SD, I'd just tell them that it has not been transferred to you yet from the previous owner and that you are pursuing it. Hopefully, neither tenant will want to move before you receive them. This should have been taken care of before closing. This was part of your closing requirements, wasn't it? Then he isn't fulfiling his duty as seller.