Can a Special Needs Trust Rent an Apartment?

  • June 4th, 2024
Q
I'm receiving SSDI. I'm on Medicaid. Can a special needs trust rent an apartment? Can a special needs trust be a co-tenant on a lease?
A

That depends on the landlord. A trust can enter into a contract, which is what a lease is – a contract to rent an apartment. It’s up to the landlord whether they want a real human to be the tenant. It’s possible that the lease is with the beneficiary, but that the trust guarantees the rental payment.

Harry S. Margolis practices elder law, estate, and special needs planning in Boston and Wellesley, Massachusetts. He is the founder of ElderLawAnswers.com and answers consumer questions about estate planning issues here and at AskHarry.info.

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Last Modified: 06/04/2024

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