All Forum Posts by: Shawn H.

One of my tenants who has been on time like clockwork with her rent for over two years recently had a payment lost in the mail - at least this is her story and I really think she's telling me the truth because of her payment history before and after this incident.

The problem is that she pays every month with an AMSCOT money order, so she's out the $750, I don't have it, and she lives paycheck to paycheck and can't afford to make it up - at least not all at once. She claims to have been in contact with AMSCOT and that they are "working on it", but I have yet to see the money.

Does anyone know how long it takes for them to process a lost money order and replace it?

I'm thinking at this point, I need to come up with a repayment plan for her to make this up. It shouldn't be my problem, and we're talking about the October 2012 payment, so I've been more than lenient / patient.

I have a unique situation that I've been trying to come up with the right "Lease" or "Roommate Agreement" for. Hopefully this is the right forum.

My live-in fiance is still fighting a nasty divorce that just won't go away. Bozo ex wants her to pay him alimony even though he doesn't need it and she can't afford it. Courts probably won't award it, but we need a strategy here to help the cause.

I suggested that she sign a lease / roommate agreement with me agreeing to pay half of the total cost of taking care of my home, and she would actually write me the check every month.

We want the document to be binding should she need to show the court that she is contractually obligated to pay these living expenses, but at the same time I don't want the document to create reportable rental income to me. After all, she's just living with me and contributing her fair share of the expenses.

I also don't want the document, should it become part of court records, to jeapordize my homestead exemption (Florida - very important tax benefits of homestead exemption). My concern on this front is that I am owner occupied, but if I move in a "border", would that violate the Florida Law that entitles me to a homestead exemption? I don't know and I don't want to learn the hard way.

Finally, I don't want there to be any possible inference that she has an equitable interest in my home - at least not while she's going through the divorce. I think I can handle the equitable interest concern with a simple clause in the document stating that the payments do not vest any interest in the property, but to avoid creating taxable income while still having a legally binding agreement, I'm struggling.

The best I've come up with so far is an agreement that is titled simply "Agreement" and it outlines that she is reimbursing me for half of all expenses and I would invoice her for half of all the bills that came in each month related to the house.

Would a "reimbursement agreement" pass the sniff test with the IRS if it ever came up?

Is there any tax code that applies to a roommate reimbursing the owner occupant for expenses?

Any other ideas how to handle this?

Thanks for any good suggestions!