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All Forum Posts by: Ed Ju

Ed Ju has started 2 posts and replied 8 times.

Thanks @Nathan Gesner, do you know if "Safe Harbor Election for Small Taxpayers" will apply in this situation where we can duct up to $10,000 for repairs/improvements in that tax year?

looking at the IRS publication: https://www.irs.gov/publications/p527 it says we can't deduct pre-rental expenses? Pre-rental expenses. You can deduct your ordinary and necessary expenses for managing, conserving, or maintaining rental property from the time you make it available for rent.

so not sure, what it means by "the time you make it available for rent" is it the month or the date?

Thanks Allan, I see that for depreciation IRS uses mid month rule irrespective of when the rental was placed in service in that month. So wondering if there any IRS rule that says something similar for prior rental expenses?

Hi, I am looking for help on the following situation, appreciate any suggestions

Last year 2022 was the first time we rented our home, we moved out on 06/02/2022 and gave it to a property manager. The Property manager has done some repairs (paining, cleaning etc) and posted for rent on Zillow on 06/20/2022 (the in service date).

Now the question is, can the cost of repairs done between 06/02 to 06/19 be dedicated as expenses when filing taxes? even though the repairs are before the in service date, but they are in the same month, so would they qualify as deductible rental expenses?

Thanks,

Ed

Quote from @Richard F.:
Quote from @Ed Ju:
Quote from @Ed Ju:

Thank you so much @Richard F., @Nathan Gesner, really appreciate detailed responses, it is very useful.

 Thanks Richard, Nathan, as a follow up, if I want to manage the property myself, what are the forms that I need to sign to terminate the property management agreement? and the forms needed to transfer the lease agreement be transferred into my name from property management?


To be clear, I am not an attorney or offering legal advice, but, to terminate the existing management agreement, simply deliver or mail certified, return receipt requested, a letter simply referencing the property address, the date and parties to the management agreement, and a date (based on actual termination terms of the management agreement, if any) which their management will end. It is customary for ANY type of service contract to provide at least 30 days written notice. NOTE- there will still be much for them to do in order to actually close out your account and transfer all funds after that end date. It easily takes 60 days or more for last invoices (for work done while they were managing) to be received and paid, finalize their accounting, close the month end reports and provide your final reports, and any remaining balance due, to you. Security deposits, current rental agreements (and/or estoppel letters confirming current terms) with move in condition form and all addenda, current rent roll, and any current delinquencies should be turned over, along with all keys in the possession of management, within a very few days of the official end of their management. You also need to confirm and get copies of any other service contracts for the property such as yard or pool service, pest control, etc. You will need to send change of address notice to those contracts that you will keep in place, and send notice of termination to those you will not keep. Utility service billing may also need to be changed, if any are provided to the tenant such as water/sewer, gas, electric, (internet or cable tv for many condos).

With regard to "transfer the lease agreement", there is no specific "form", but a written notification needs to be properly delivered or mailed to each tenant as I described in the first paragraph of my initial response to your post.

It is "Best Practice" for any and ALL agreements, and most communications to be in writing with regards to Real Estate. Get in the habit.

 Thank you Richard, greatly appreciate the guidance. 

Quote from @Ed Ju:

Thank you so much @Richard F., @Nathan Gesner, really appreciate detailed responses, it is very useful.

 Thanks Richard, Nathan, as a follow up, if I want to manage the property myself, what are the forms that I need to sign to terminate the property management agreement? and the forms needed to transfer the lease agreement be transferred into my name from property management?

Thank you so much @Richard F., @Nathan Gesner, really appreciate detailed responses, it is very useful.

Hi, to provide the context, we entered into an agreement with a property management where property management company can lease our rental. The property management company signed 12 month lease with tenant where our names are not listed in the lease agreement.

Now, we want to move to a new property management company, as the current PM is charging exorbitant maintenance fees even for small repairs. There is a 30 day notice we can give to terminate property management agreement but given that the 12 month lease is in their name, and in California there is no option for landlord to terminate the lease before it ends, what options do we have to change the property manager? can the property management make it difficult for us to move away from them? can they legally do it?

Appreciate any guidance on this

Thanks,

Ed