Holdover tenants that dont pay rent

Forum|Forum|3 years ago
February 9, 2023
2 replies
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i have a tenant that has not paid rent since may. how do i write this off? also the expenses of court and lawyers? can i file these in my tax return?

Other

Best answer by MAK70

If you are a cash basis taxpayer, you do not deduct uncollected rent because you never included it in your income. If you use an accrual method, you report the income when you earn it. If you are unable to collect the rent, you may be able to deduct it as a business bad debt.

Any expenses incurred in attempt to collect the rent is deductible.

MAK70Answer

Any expenses incurred in attempt to collect the rent is deductible.

LejlaAuthor

Thank you soooo much for helping me in this matter. Correct, i will not include the uncollected rents in my income. So, i can report the expense of holdover process in my tax return. I was not sure about it.
Thank you again

DawnC

Employee

You can deduct the regular rental expenses (mortgage interest, repairs, utilities, insurance, etc.) as well as legal fees, expenses to collect rent, lease cancellation expenses, and eviction costs.

Deductible Rental Expenses

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Carl11_2

Employee

I highly doubt you operate your rental property using the accrual method. (But you could, and it would be a bit rare if you did).

Basically, you do not report unpaid rent anywhere on any tax return. You can not deduct from your taxable income, that which you were never paid and therefore was never taxed on in the first place.

All legal expenses paid in connection with the eviction and/or collection of back rent are claimed on the SCH E in the rental expenses section, sub-section for Legal and Professional Fees. Those costs will be on line 10 of the SCH E.

LejlaAuthor

Carl, thank you so much for your detailed advice. That's correct, i dont use the accrual method. I operate on actual cash basis. This holdover case is a first for me thats why i needed advice from experts.

I will print out every answer i received for my question and i will follow the advices.

I am so glad i asked the question

Have a blessed day

Carl11_2

Employee

Don't know what state you're in, but I find it unfathomable that you'd allow a tenant to remain in your property for 9 plus months without paying rent. For my properties, using the legal system I'll have a tenant out within 60 days. I know because I've had the unfortunate experience of having to do it twice in the 30 plus years I've been a landlord. It's rather easy, but it's not fun. I do not find any pleasure what-so-ever in having to evict anyone. Especially if they have young kids. However, I depend on that rental income to make the mortgage payment on the property. The bottom line is, the mortgage lender does not give a crap about my tenants inability to pay rent regardless of the reason. They want their payment and if they don't get it they "will" take the property from me. If that were to happen, then they would evict the tenant anyway so they could get the property sold and cut their own losses.

I'm in FL. Years ago I purchased a book on Amazon and I purchase the updated version every year. It's called Landlord Rights & Duties by Mark Warda. There's an edition for each of the 50 states written by lawyer's that are familiar with the laws of that state, since laws differ from state to state. Just taking a quick peek at amazon, the book for FL and TX are the first ones to pop up in a search. I highly encourage you to purchase the book for your state and that you actually read it. It was a real eye-opener for me.

The book tells me step-by-step what I need to do for "any" situation. It also includes all the forms required for practically any court filing if that becomes necessary. The book also has guidance on how to write the rental contract so that should legal action on your part be necessary, the contract ensures your actions are supported on that front.

In FL, a contract can be considered breached when the rent is 15 days past due. But still, there's certain legal procedures that must be followed to the letter by the landlord. The book spells out these procedures. For example, when the rent is 5 days past due, on day 6 I'm required to provide the tenant in writing, a 7-day notice to pay rent. If they don't pay by day 7, then on day 8 they get a 3-day notice of pending legal action to evict and/or collect rent. If not paid by day 3, then on day 4 I take the paperwork to the courthouse and file it. It's a $120 filing fee that I pay.

Once that paperwork is filed with the courthouse, that's it. Even if the tenant shows up with the rent after that, I flat out can not accept it. If I do, then I've wasted my $120 filing fee and the day counts reset to zero. This is so even if I accept partial rent payment.

If the tenant wishes to settle up before the scheduled hearing, they have to go to the courthouse and settle up with the clerk of court. There will still be a hearing, as settling with the court doesn't change that. But chances are, if they couldn't pay "you" the rent, they can't pay anyone the rent. I've never had a tenant settle with the court before the hearing date.

With my first hearing, the tenant vacated the property before the hearing date. At the hearing, the judge had them sacrifice their deposit, pay a pro-rated rent up to the date the vacated, and pay my $120 filing fee. As far as I'm concerned, I came out with a fair settlement on that.

With my 2nd tenant years later, the judge gave them 7 days to get out, or he'd have the sheriff remove them and issue them trespass warrants. They were out in 6 days.

For both scenarios, I was only 2 months without rental income from the affected property. That's how quick I was able to get them out legally, and get a paying tenant moved in.

The best part about this whole process, is that I did not need to pay a lawyer for this. Remember, an eviction is a small claims court thing. So it's not like anyone appears in a formal courtroom with jurors like you see on TV. Not like that at all. For both of my cases, we met at the judges' office downtown, miles from any courthouse. The only ones present was myself, the tenant, the judge and a court recorder (stenographer) to make the legal recording of the hearing for court records. It was a very informal type of hearing where each side stated their case, then the judge made the final ruling. We were in and out in less than 30 minutes.

Quick, easy, yet still unpleasant to have to take such actions against someone I had no hard feelings against.

Get the book. Read the book. Head the book. It will save you tons of time and money in the long run.