I have a vested interest in this question as well going into tax season. I owned and lived in my primary for 4 years and then leased it. I know the 36 month rule is valid for the 2009 and 2010 8k credit but cant find it clearly stated for keeping a 2008 purchased property as a rental.
I believe the answer is that the remaining balance has to be repaid upon converting to a rental
See information below from IRS website...
___________________________________
Q. Do I need to repay the credit if I purchased my home and claimed the credit in 2008?
A. The Housing and Economic Recovery Act of 2008 provided a refundable tax credit to qualified first-time homebuyers purchasing a main home in the United States after April 8, 2008, and before January 1, 2009.
If you claimed and received the one-time credit on your income tax return for 2008, you must repay the credit. It is repaid as an additional tax on your tax return. There are special rules for repaying the credit if the home stops being your main home.
For more information on repayment of the credit, see the instructions for Form 5405, First-Time Homebuyer Credit and Repayment of the Credit.
Q. Do I need to repay the credit when my home remains my main home?
A. If your home remains your main home, you are required to repay the credit in equal payments over 15 years with no interest charges. To repay the credit, you must attach a completed Form 5405 to your tax return each year beginning with the second tax year after you received the credit. For most people, this is the 2010 tax return that you file in 2011. This repayment increases the amount of income tax you owe. You continue to make annual payments with your tax return until the credit is repaid in full. Read the section below for what you need to do if the home stops being your main home.
The IRS calls the repayment period the “recapture period.” The amount repaid each year is one-fifteenth, or 6 2/3%, of the credit for each taxable year in the 15-year recapture period, which begins with the second taxable year following the year of purchase. To find out how much you need to repay each year, take the amount of your credit and divide it by 15. For example, if you received the maximum credit of $7,500, divide $7,500 by 15, which equals $500, and add the $500 to your income tax each year for 15 years. If you received a credit of $6,000, divide $6,000 by 15, which equals $400, and add the $400 to your income tax each year for 15 years.
In the fall of 2010 or the first year after you claim the credit, and every year until the credit is repaid, the IRS will send you Notice CPO3a, Repaying your First-Time Homebuyer Credit. This notice lists the amount of the credit you received and the amount you have to repay as additional tax.
Q. Do I need to repay the credit when my home stops being our main home?
A. If you received the credit for a home purchased in 2008 and the home stops being your main home, you may need to add the entire remaining unpaid credit amount to your income tax on your next tax return.
Q. When does my home stop being my main home?
A. Your home stops being your main home when:
•You sell the home.
•You transfer the home to a spouse or former spouse in a divorce settlement.
•You convert the entire home to a rental or business property.
•You converted the home to a vacation or second home.
•You no longer live in the home for the greater number of nights in a year.
•Your home is destroyed or condemned.
•You lose your home in foreclosure.
•You die.
There are certain exceptions, but generally, if the home is no longer your main home. you must repay the entire remaining part of the credit on your next tax return. The IRS calls this “acceleration of recapture.”