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Updated almost 12 years ago on . Most recent reply

User Stats

102
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10
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Donald M.
  • Real Estate Investor
  • Boston, MA
10
Votes |
102
Posts

Handling Security Deposits in Massachusetts (MA)

Donald M.
  • Real Estate Investor
  • Boston, MA
Posted

Straight from Massachusetts law:

(3) (a) Any security deposit received by such lessor shall be held in a separate, interest-bearing account in a bank, located within the commonwealth under such terms as will place such deposit beyond the claim of creditors of the lessor, including a foreclosing mortgagee or trustee in bankruptcy, and as will provide for its transfer to a subsequent owner of said property.

I only have personal accounts, how do I create an account that is "beyond the claim of creditors"? I do not have an LLC or corporation. Also, I can interpret "separate" to mean separate to my personal account, and not separate to mean an account for each tenant, so I'm thinking I can put all security deposits into a single interest-bearing account? Or does it make it too complicated to determine how much interest to pay to each tenant if I am entering security deposits at different times for different tenants? Can I open multiple accounts for each tenant in the same bank and how do I ask for this?

Many thanks!

And those involved in the legal profession, please help to fight these onerous MA laws.

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