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From legal perspective, what are the right steps to withdraw…

From legal perspective, what are...
From legal perspective, what are the right steps to withdraw some money from a rental house bank account and use it for personal purpose? Thanks.
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Answered in 5 minutes by:
3/20/2018
Ely
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 103,583
Experience: Attorney
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation. (You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)

Can you please be more specific? Please tell me:

1) What state is this in?

2) Who is doing the withdrawing? (landlord or tenant?)

3) What is a "rental house bank account" exactly?

4) How would a tenant have access to an account held by the landlord... if this is what is happening?

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Customer reply replied 4 months ago
Thanks for the reply. Answers to your questions:
1) multiple states involved (sorry I try not to share specific states online, and hope it is ok?)
2) landlord is doing the withdrawing
3) a bank account that is used for rental house related transactions such as rent deposits, repairs payments.
4) landlord is doing the withdrawing, not the tenant.

Thank you. I am afraid it depends on the state where the property is in. Or, states where properties are.

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Customer reply replied 4 months ago
CA.

Thank you. In CA, the deposit may not be used by either landlord or tenant. It is only to be used after the lease ends, but the landlord, to cover any damages from the property not due to wear and tear.

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Customer reply replied 4 months ago
Thanks for the reply. Please let me to clarify: I meant bank account that holds rent payments (not security deposit).
Customer reply replied 4 months ago
Landlord made some profits by renting out the property. Now, the profits are just sitting at this rental bank account.

Ah well then that changes my answer.

Normally once the rent is paid, the landlord can put the money in whatever account they want to, and use it however they want to. Or simply let it sit in an account.

If for some reason the tenant is on the same account as the landlord, and can withdraw that money, then the tenant has that right by virtue of sharing the account.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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Customer reply replied 4 months ago
Thanks for the information. Does it mean the landlord can withdraw some cash from the rental bank account and use it to pay a family purchase or to pay expenses of another non-rental business? Some advise not to mix business account with personal account: would doing so mixing those accounts?

Of course. Once the money is in the landlord's hands, it is his to do with whatever he pleases. It's his money.

The mixing of accounts is a wholly separate matter. Please, if you could, ask a new thread about that and any expert would be happy to help.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

Ely
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 103,583
Experience: Attorney
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Ely and 87 other Landlord-Tenant Specialists are ready to help you
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Customer reply replied 4 months ago
Thanks for your answer.

My pleasure. Good luck.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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