Commingling

Commingling is the term for the act of mixing client funds with personal funds. Commingling can take place in any scenario where funds are obtained from a client with the intent to hold for future use. Individuals who are vulnerable to this practice include lawyers, landlords, property owners, brokers, business owners and corporations. Tenants, for example, are typically required to pay a deposit at the start of a lease. This deposit is supposed to be held in a separate account by the owner, landlord or property manager. If the tenant's deposit funds are mixed with other funds such as rent proceeds, this is considered commingling. Funds such as rent deposits should be held in a trust account that is not used for normal operating expenses. The only time that the trust account should be accessed is when it is time to return the tenant's deposit.