Commingling and conversion in real estate are two important concepts to understand. Commingling involves mixing funds together, while conversion occurs when funds are used for a different purpose than originally intended.
For instance, if you’re a landlord and you deposit security deposit funds into the same bank account where you receive your rental income, you are commingling funds. If you then use those funds to repair the property’s roof, it’s considered conversion.
Commingling is generally not advisable and may even be illegal in some cases. To rectify this situation, you should move the security deposit funds into a fiduciary account. However, if you proceed to use these funds for personal purposes, it constitutes theft, which is a serious offense.
To avoid commingling in real estate, seeking guidance from a real estate attorney is the best course of action. Additionally, always maintain a strict separation between investment and personal finances to prevent accidental misuse of funds.
Here are some strategies to help you steer clear of commingling:
1. Establish a separate Limited Liability Company (LLC) for each investment property to keep personal and business assets distinct.
2. Open dedicated bank accounts and credit cards for each rental property, using them exclusively for property-related expenses.
3. Create a separate trust account specifically for holding security deposits, ensuring they are separate from personal and business accounts.
4. Never use business funds for personal expenses, maintaining a clear boundary between the two.
5. Keep meticulous records of all business transactions and maintain a well-documented paper trail for each one.
6. Regularly review your property’s income, cash flow, and expenses to catch and rectify any errors promptly.
In summary, commingling real estate funds can lead to legal complications. To protect yourself, always keep personal and business expenses separate, especially when dealing with rental properties. Avoid mixing funds intended for different purposes, such as security deposits and rent payments. If you have any doubts or questions, consult local tenant-landlord laws and consider seeking legal advice from an attorney.
