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Updated over 1 year ago on . Most recent reply

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Katie Hawn
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Is commingling a concern when returning a security deposit to a tenant?

Katie Hawn
Posted

As a landlord when I have new tenants, I have been careful about receiving a security deposit as a separate form of payment from any rent and depositing the security deposit in a separate holding/escrow account.  Now I have tenants moving out and need to return the security deposit to the tenants. Previously, I have had tenants who are local and they are able to meet me to receive a cashier's check. Our bank is only willing to release the funds specifically in the form of a cashier's check. Now, I'm renting to people who are corporate travelers and meeting up is not an option after they check out. I don't like the idea of mailing a cashier's check. 

So my question is this: Have I been overthinking the commingling legal requirements? I've almost always heard of landlords getting in trouble on the front end of this. I have never heard of an issue with commingling on the back end. Do the same commingling requirements apply? The easiest way for me to get the tenant their security deposit back would be to transfer the security deposit into my business checking account and then send them a check. Any issues doing it this way? How are you all handling this situation? I have searched BP, googled it, etc and have found nothing about this particular issue.

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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
ModeratorReplied

Yes, you are overthinking it. The security deposit can be received on the same payment as the rent income and it can be placed in the same bank account. It can even be held in your personal banking account, though this is not recommended simply because you don't want to spend it and it's easier to track if it is held separately.

if the bank will only allow you to pull funds using a cashier's check, then you need to consider looking for a different bank that operates like an ordinary checking account.

EDIT: you don't say what state this is in, so please check your state laws. You may be in a state that has specific requirements for private landlords.

  • Nathan Gesner
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